UC-NRLF 


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ANALYSIS  OF  THE    FUNDS  OF  THE    NEW 
YORK   (CIRCULATION   DEPARTMENT) 
'yFt)05422        BROOKLYN  AND  QUEENS  BOROUGH 

PUBLIC     LIBRARIES 


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FROM  THE  CONSOLIDATION  OF  THE  GREATER  CITY  IN  1898  TO  THE 
CLOSE  OF  1916,  TOGETHER  WITH  DETAILED  STATEMENTS  OF  COST  OF 
CIRCULATING   BOOKS   AND    SCHEDULES   OF   LIBRARY    PROPERTIES 


INCLUDING  A 


Reprint  of  the  Acts  and  Agreements  Relative  to  the  Carnegie 

Gift,  and  Sundry  Documents  Pertaining  to 

THE  Public  Libraries 


COMMITTEE    ON    EDUCATION 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT 

CITY  OF^^^EWYORK 

1916 


PART  I 


ANALYSIS  OF  THE    FUNDS  OF  THE    NEW 

YORK   (CIRCULATION   DEPARTMENT) 

BROOKLYN  AND  QUEENS  BOROUGH 

PUBLIC    LIBRARIES 


FROM  THE  CONSOLIDATION  OF  THE  GREATER  CITY  IN  1898  TO  THE 
CLOSE  OF  1915,  TOGETHER  WITH  DETAILED  STATEMENTS  OF  COST  OF 
CIRCULATING    BOOKS    AND     SCHEDULES   OF    LIBRARY    PROPERTIES 


including  a 

Reprint  of  the  Acts  and  Agreements  Relative  to  the  Carnegie 

Gift,  and  Sundry  Documents  Pertaining  to 

THE  Public  Libraries 


COMMITTEE    ON     EDUCATION 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT 

CITY  OF  [new  YORK 

1916 


PART  I 


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HON.  WILLIAM  A.  PRENDERGAST,  1 

Chairman, 

HON.  JOHN  PURROY  MITCHEL, 

HON.  LEWIS  H.  POUNDS. 


COMMITTEE  ON  EDUCATION 
Board  of  Estimate  and  Apportionment. 


Gentlemen: 

The  following  report  (Part  i)  sets  forth  the  financial  and  statistical  results  of  an  investigation 
of  the  free  circulating  libraries  of  Greater  New  York  City  which  has  been  made  by  the  staff  of 
the  Committee  on  Education  of  the  Board  of  Estimate  and  Apportionment  as  a  basis  for  an  analysis 
of  the  19 1 7  Departmental  Estimates.  The  function  and  work  of  the  libraries  together  with  a  pro- 
posed standardization  of  library  service  will  be  presented  subsequently  as  Part  2  of  the  survey. 
The  purpose  of  Part  i  of  the  report  is  to  present  an  analysis  of  the  various  funds  and  accotmts  of 
the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public  Library  systems 
from  the  date  of  consohdation  of  the  Greater  City  in  1898  to  the  close  of  1915,  together  with  de- 
tailed statements  of  the  cost  of  circulating  books  and  schedules  of  properties  used  for  library  pur- 
poses. This  is  the  first  attempt  which  has  been  made  to  bring  together  all  the  facts  pertaining  to 
the  resources  and  expenditures  of  the  circulating  libraries  owned  or  partially  supported  by  the 
city.  The  tables  appearing  at  the  end  of  the  report  constitute  a  complete  handbook  of  the  funds 
and  accounts  of  the  several  public  libraries  exclusive  of  the  central  branch  of  the  New  York  Public 
Library  at  Fifth  Avenue  and  Forty-second  Street. 

The  trustees  of  the  Astor  library,  Lenox  library,  and  of  the  Tilden  trust  entered  into  an  agree- 
ment in  1895  to  consohdate  their  property  into  what  has  since  been  known  as  the  New  York  Public 
Library,  Astor,  Lenox  and  Tilden  Foimdations.  Provision  was  made  in  Section  623  of  the  Greater 
New  York  Charter  for  erecting  a  building  at  Fifth  Avenue  between  Fortieth  and  Forty-second 
streets  to  be  used  by  the  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  for  a 
free  public  library  and  reading  room.  An  allowance  is  made  in  the  annual  budget  of  the  city  only 
for  the  care  of  the  building,  the  1916  budget  containing  $39,400  for  this  purpose. 

The  New  York  Public  Library  building,  Astor,  Lenox  and  Tilden  Foundations,  contains  the 
main  reference  department  of  the  New  York  Public  Library,  a  central  circtdating  branch  and  a 
children's  room.  The  central  building  has  a  capacity  of  3,000,000  volumes  and  cost  the  city 
$9,616,305.73.  It  stands  on  land  assessed  for  $12,500,000  which  was  transferred  to  the  dty  by 
the  Dongan  and  Montgomerie  charters.  The  cost  of  the  operation  and  maintenance  of  these  ac- 
tivities are  met  from  the  income  of  endowment  funds  held  by  the  Trustees  of  the  Library  and 
therefore  the  financial  transactions  affecting  these  activities  are  not  covered  in  this  report. 


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•  •    •  •.  •  . 


'(.•".'.•    ::.".'  '-Cifst  per  1,000  Circulation 

The  only  unit  of  service  which  seems  to  be  available  for  statistical  purposes  is  the  number 
of  books  lent  for  home  use  or  as  it  is  generally  called,  the  circulation.  The  cost  of  service  rendered 
has  been  worked  out  by  funds  from  the  data  available  and  divided  by  the  circulation.  From  1899 
to  1915,  inclusive,  the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public 
Libraries  circulated  149,345,179  books  at  an  average  cost  of  $111.43  P^r  1,000  circulation,  or  ap- 
proximately eleven  cents  per  book,  divided  as  follows: 

Av.  Cost  per 

1,000  books  %  of 

Circulated  Total 

Appropriations  and  Special  Revenue  Bonds $93.94  84.3 

Interest  and  Amortization  Charges 8 .  44  7.5 

Sub-Total $102.38  91 .8 

Fines,  State  Apportionments,  Miscellaneous  Revenues  and  Endowment  Funds 6.41  5.8 

Loss  to  the  City  by  reason  of  Exemption  of  Taxes 2.64  2.4 

Total $111.43        100.0 

From  the  foregoing  analysis  it  appears  that  since  consolidation  the  city  has  contributed  91.8 
per  cent,  for  operation,  maintenance,  interest  and  amortization,  2.4  per  cent,  for  exemption  of 
taxes  and  the  libraries  5.8  per  cent,  from  cori^orate  funds. 

The  property  used  for  Carnegie  branch  libraries  has  cost  $7,391,958.83,  of  which  amoimt  the 
city  paid  approximately  one-third  for  sites  and  books  and  Andrew  Carnegie  two-thirds  for  build- 
ings, as  shown  by  the  following  tabulation: 

Cost  of  Cam^e 

Libraries,  Includ-  %  of 

ing  Books  Total 

Cost  of  Sites  provided  by  City $2,200,130.02  29 , 7 

Original  Stook  of  Books  Paid  for  from  Corporate  Stock  Issues 234,801 .21  3.2 

Total  Outlay  by  New  York  City $2,434,931 .23  32.9 

Cost  of  Buildings  provided  by  Andrew  Carnegie 4,957,027 .60  67.1 

Total,  Sites,  Books  and  Buildings $7,391,958.83         100.0 

For  the  operation  and  maintenance  of  the  three  public  library  systems  in  New  York 
$1,383,328.50  is  provided  in  the  1916  budget,  as  follows: 

Library  Budget  %  of 

for  1916  Total 
New  York  Public  Library — 

Circulating  Branch  Libraries $744,609.50  53.8 

Municipal  Reference  Branch 17,030.00  1.2 

Sub-Total $761,639.50  55 .0 

Brooklyn  Public  Library 464,074.00  33 .6 

Queens  Borough  Public  Library 157,615 .00  11.4 

Total $1,383,328.50         100.0 

A  detailed  statement  and  analysis  of  all  library  funds  and  accounts  will  be  found  in  the  several 
tables  contained  in  the  latter  part  of  the  report. 

GEOGRAPHICAL  DISTRIBUTION  OF  BRANCHES 

There  are  ninety-five  drcidating  branch  libraries  in  Greater  New  York  including  the  central 
branch  in  the  New  York  Public  Library  building  at  Fifth  Avenue  and  Forty-second  Street.  Of 
these,  thirty-three  are  in  Manhattan,  seven  in  the  Bronx  and  four  in  Richmond,  making  a  total 
of  forty-four  branch  libraries  (forty-three  housed  in  separate  buildings)  comprised  within  the  New 
York  Public  Library  system.  There  are  thirty-one  branch  libraries  in  Brooklyn  and  twenty  in 
Queens.    The  following  table  contains  a  list  of  all  the  branch  libraries  in  Greater  New  York: 

2 


NEW  YORK  PUBLIC  LIBRARY  (CIRCULATION  DEPARTMENT) 

BRANCHES  IN    MANHATTAN 

Name  '    Location 

Central  Building Fifth  Avenue  and  Forty-second  Street 

Chatham  Square* 33  East  Broadway 

Seward  Park* 192  East  Broadway 

Hamilton  Fish  Park* 388  East  Houston  Street 

Tompkins  Square* 331  East  loth  Street 

Rivington  Street* 61-63  Rivington  Street 

Ottendorfer 135-137  Second  Avenue 

Bond  Street 49  Bond  Street 

Hudson  Park* 66  Leroy  Street 

Jackson  Square 251  West  13th  Street 

Muhlenberg* 209-211  West  23rd  Street 

Epiphany* 228  East  23rd  Street 

St.  Gabriel's  Park* 303  East  36th  Street 

West  40th  Street* 457  West  40th  Street 

Columbus* 742-744  Tenth  Avenue 

Riverside* 1^0  Amsterdam  Avenue 

St.  Agnes* 444-446  Amsterdam  Avenue 

Cathedral 123  East  50th  Street 

58th  Street* 121-127  East  s8th  Street 

Yorkville* 222  East  79th  Street 

67th  Street* 328-330  East  67th  Street 

Webster* 1465-1467  First  Avenue 

96th  Street* 11 2-1 14  East  96th  Street 

Aguilar* 174  East  i  loth  Street 

Harlem  Library* 9  West  1 24th  Street 

125th  Street* 224  East  i2Sth  Street 

115th  Street* 203  West  115th  Street 

Bloomingdale 106  West  looth  Street 

135th  Street* 103  West  135th  Street 

George  Bruce 78  Manhattan  Street 

Hamilton  Grange* 503  West  145th  Street 

Washington  Heights* 1000  St.  Nicholas  Avenue 

Fort  Washington* 535^537  West  179th  Street 

BRANCHES  IN    THE   BRONX 

Mott  Haven* 321  East  140th  Street 

Melrose* 910  Morris  Avenue 

High  Bridge* 78  West  i68th  Street 

Morrisania* 610  East  169th  Street 

Woodstock* 759  East  i6oth  Street 

Tremont* 1866  Washington  Avenue 

Kingsbridge* 3041  Kingsbridge  Avenue 

BRANCHES   IN   RICHMOND 

St.  George* 5  Central  Avenue 

Stapleton* 132  Canal  Street 

Port  Richmond* 75  Bennett  Street 

Tottenville* 7430  Amboy  Road 

BROOKLYN    PUBLIC    LIBRARY 

Montague 197  Montague  Street 

Carroll  Park* Clinton  and  Union  Streets 

Red  Hook* Richards  Street  and  Visitation  Place 

South* Fourth  Avenue  and  51st  Street 

Pacific* Fourth  Avenue  and  Pacific  Street 

*  Carnegie  Libraries 

3 


BROOKLYN  PUBLIC  LIBRARY — (Continued) 
Name  Location 

Prospect* Sixth  Avenue  and  Ninth  Street 

Eastern  Parkway* Eastern  Parkway  and  Schenectady  Avenue 

Saratoga* Hopkinson  Avenue  and  Macon  Street 

Macon* Lewis  Avenue  and  Macon  Street 

Bedford* Franklin  Avenue  opposite  Hancock  Street 

City  Park* St.  Edwards  Street  and  Auburn  Place 

Williamsburgh* Division  and  March  Avenues 

Greenpoint* Norman  Avenue  and  Leonard  Street 

Leonard* Devoe  and  Leonard  Streets 

Bushwick* Bushwick  Avenue  and  Seigel  Street 

De  Kalb* Bushwick  and  De  Kalb  Avenues 

Brownsville  (Children's)* Stone  and  Dumont  Avenues 

East* Arlington  Avenue  and  Warwick  Street 

Flatbush* Linden  Avenue  near  Flatbush  Avenue 

Borough  Park 1325  Fifty-sixth  Street 

Bay  Ridge 73rd  Street  and  Ridge  Boiilevard 

Fort  Hamilton* Fourth  Avenue  and  9Sth  Street 

Tompkins  Park Tompkins  Park 

Brownsville* Glenmore  Avenue  and  Watkins  Street 

BRANCHES  IN  RENTED  QUARTERS 

Astral Franklin  and  India  Streets 

Albany  Heights 234  Albany  Avenue 

Kingston 771  Gravesend  Avenue 

New  Utrecht 86th  Street  and  20th  Avenue 

Ridgewood 496  Knickerbocker  Avenue 

Schermerhom 198  Livingston  Street 

Winthrop North  Henry  Street  and  Engert  Avenue 

QUEENS   BOROUGH    PUBLIC    LIBRARY 

Astoria* Main  and  Woolsey  Streets,  Long  Island  City 

Elmhurst* Broadway  and  Maurice  Avenue,  Elmhurst 

Poppenhausen* 13th  Street  and  First  Avenue,  College  Point 

Flushing* Jamaica  and  Jaggar  Avenues,  Flushing 

Richmond  Hill* Hillside  Avenue,  Richmond  Hill 

Far  Rockaway* Central  and  Mott  Avenues,  Far  Rockaway 

BRANCHES  IN  RENTED  QUARTERS 

Nelson 244  Jackson  Avenue,  Long  Island  City 

Steinway 441  Potter  Avenue,  Long  Island  City 

Ozone  Park 4138  Jerome  Avenue,  Ozone  Park 

Hollis Fulton  Street  and  Iroquois  Avenue,  Hollis 

Queens Whittier  Street  and  Wertland  Avenue,  Queens 

Bayside Elsie  Place  and  First  Street,  Bayside 

Broadway 298  Steinway  Avenue,  Long  Island  City 

Jamaica 402  Jamaica  Avenue,  Jamaica 

Whitestone 30  Eighth  Avenue,  Whitestone 

Seaside Boulevard  and  Oceanus  Avenue,  Rockaway  Beach 

Woodside Greenpoint  and  Betts  Avenues,  Woodside 

Manor 1 229  Jamaica  Avenue,  Woodhaven 

Ridgewood 476  Onderdonk  Avenue,  Ridgewood  Heights 

Corona 43  Kingsland  Avenue,  Corona 

*  Carnegie  Libraries 

The  various  exhibits  and  explanatory  matter  contained  in  this  report  were  prepared  by  Mr. 
D.  C.  Eggleston,  M.E.,  C.P.A.,  of  the  staff  of  the  Committee  on  Education. 

Respectfully  submitted, 

MATHILDE  C.  FORD, 
Secretary,  Committee  on  Education. 

4 


TABLE  OF  CONTENTS 

Balance  Sheet lo 

Surplus  Account 1 1 

Former  Method  of  Granting  Appropriations  to  Free  Circulating  Libraries ■  12 

The  Brooklyn  and  Queens  Borough  Public  Libraries 12 

Offer  and  Acceptance  of  the  Andrew  Carnegie  Gift 12 

The  Terms  of  the  Original  Agreements  with  the  Agents  of  Andrew  Carnegie  for  the  Erection  of 

Branch  Libraries 12 

Original  Stock  of  Books 14 

Subsequent  Agreement  between  the  City  and  The  New  York  Public  Library,  Astor,  Lenox 

and  Tilden  Foundations 14 

Agreement  between  the  City  and  the  Brooklyn  Public  Library 14 

Agreement  between  the  City  and  the  Queens  Borough  Public  Library 15 

Chronological  Table 15 

Salient  Characteristics  of  Library  Buildings 16 

Library  Staff  Corresponding  to  Circulation 17 

Janitorial  Service  and  Compensation 17 

Depreciation  on  Books 17 

Exemption  of  Taxes  on  Library  Property 20 

Segregated  Budgets 20 

Lighting  of  Public  Libraries 20 

Endowment  Funds 20 

Graphic  Presentation  of  Facts 21 


INDEX  TO  CHARTS. 


Exhibit 

A. 

Exhibit 

B. 

Exhibit 

C. 

Exhibit  D, 

Exhibit 

E. 

Exhibit 

F, 

Exhibit 

G. 

Exhibit  H. 

Exhibit 

I, 

Exhibit 

J 

Exhibit  K, 

Exhibit 

L. 

Exhibit  M. 

Exhibit  N, 

Exhibit 

0, 

Exhibit 

P. 

Exhibit 

Q. 

Exhibit 

R. 

Exhibit 

S. 

Exhibit 

T. 

Exhibit 

U. 

Exhibit 

V, 

Total  Budget  of  the  City  of  New  York,  1898-1915,  Inclusive. 

Appropriations  and  Special  Revenue  Bonds  Allotted  to  the  New  York  (Circulation 

Department),  Brooklyn  and  Queens  Borough  Public  Libraries,  1899-1915,  Inclusive. 
Amount  per  $1,000  of  the  Budget  Appropriated  to  Libraries,  1899-1915. 
Cost  of  Operation  and  Maintenance  of  the  New  York  (Circulation  Department), 

Brooklyn  and  Queens  Borough  Public  Libraries,  by  Object  of  Expenditure,  1915. 
Per  Cent,  of  Total  Library  Expenditures  Paid  for  Salaries  of  Librarians  and  Assistants, 

1915- 
Per  Cent,  of  Total  Library  Expenditures  Paid  for  Books,  Periodicals  and  Binding,  1915. 
Trend  in  Library  Appropriations  (Including  Special  Revenue  Bonds),   1899-1915, 

Inclusive. 
Number  of  Volumes  Lent  for  Home  Use  in  the  New  York  (Circulation  Department), 

Brooklyn  and  Queens  Borough  Public  Libraries,  1899-1915,  Inclusive. 
Comparative  Circulation  by  Months  in  Each  Library  System  for  1914  and  1915. 
Per  Cent,  of  Circulation  and  Library  Appropriations  (Including  Special  Revenue 

Bonds)  Above  or  Below  Moving  Average,  1905-1915,  Inclusive. 
Expenditures  per  1,000  Circulation  from  Appropriations  (Including  Special  Revenue 

Bonds)  by  the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough 

Public  Libraries,  1900-1915,  Inclusive. 
Growth  in  Book  Stock  in  Each  Library  System,  1899-1915,  Inclusive. 
Trend  in  Number  of  Times  Book  Stock  Turns  Over  in  Each  Library  System,  1901- 

1915,  Inclusive. 
Library  Staff  Corresponding  to  Circulation  in  All  Branch  Libraries,  191 5. 
Book  Stock  Corresponding  to  Circulation  in  New  York  Public  Library  Branches,  191 5. 
Accession  Rate  in  New  York  Public  Library  Branches,  191 5. 
Accession  Rate  in  Brooklyn  Public  Library  Branches,  191 5. 
Accession  Rate  in  Queens  Borough  Public  Librarj'  Branches,  1915. 
Rebinding  Rate  in  New  York  Public  Library  Branches,  1915. 
Rebinding  Rate  in  Brooklyn  Public  Library  Branches,  1915. 
Rebinding  Rate  in  Queens  Borough  Public  Library  Branches,  191 5. 
Deduction  Rate  in  New  York  Public  Library  Branches,  19 15. 


INDEX  TO  TABLES 


PAKT  I 

Table  i.  Statement  Showing  the  Nimiber  of  Volumes  Lent  for  Home  Use  Since  Consolidation 
in  the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public 
Libraries. 

Table  2.  Statement  Showing  the  Amount  per  $1,000  of  the  Budget  as  Adjusted  Appropriated 
to  the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public 
Library  Systems. 

Table  3.  Analysis  of  Expenditures,  per  1,000  Circulation,  by  the  New  York  (Circulation  De- 
partment), Brooklyn  and  Queens  Borough  Public  Libraries,  from  Appropriations, 
Special  Revenue  Bonds,  Fines,  State  Apportionments,  Miscellaneous  Revenues,  En- 
dowment Funds,  Interest,  Amortization  and  Taxes  Lost  for  the  Year  Ended  De- 
cember 31,  1915. 

Table  4.  Statement  Showing  the  Median  and  Average  Salaries  of  Chief  Librarians,  Assistants, 
Supervisors,  Branch  Librarians,  First  Assistants,  Senior  Assistants,  Jimior  Assistants 
(Chiefs  of  Departments)  and  Cataloguers  in  the  New  York  (Circulation  Depart- 
ment), Brooklyn  and  Queens  Borough  Public  Libraries. 

6 


PAST  n 

Table  5.  Statement  of  Expendittires  from  City  Funds  by  the  New  York  Public  Library  (Cir- 
culation Department),  Other  than  for  Sites  for  Carnegie  Libraries. 

Table  6.  Statement  of  Expenditures  from  City  Funds  by  the  Brooklyn  Public  Library,  Other 
than  for  Sites  for  Carnegie  Libraries  and  Montague  Branch. 

Table  7.  Statement  of  Expenditures  from  City  Funds  by  the  Queens  Borough  Public  Library, 
Other  than  for  Sites  for  Carnegie  Libraries. 

Table  8.  Svunmary  of  Expenditures  from  Appropriations  and  Special  Revenue  Bonds  by  the 
New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public  Libraries. 

PART  in 
Table    9.     Statement  of  Expenditures  from  Other  than  City  Funds  by  the  New  York  Public 

Library  (Circulation  Department),  Exclusive  of  Carnegie  Library  Building  Fund. 
Table  10.     Statement  of  Expenditures  from  Other  than  City  Funds  by  the  Brooklyn  Public  Library, 

Exclusive  of  Carnegie  Library  Building  Fund. 
Table  11.     Statement  of  Expenditures  from  Other  than  City  Funds  by  the  Queens  Borough  Public 

Library,  Exclusive  of  Carnegie  Library  Building  Fund. 

PART   IV 

Table  12.  Statement  Showing  the  Annual  Interest  and  Amortization  Charges  on  Corporate  Stock 
Issued  for  the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough 
Public  Libraries. 

PART  V 

Table  13.  Statement  of  the  Amount  of  Taxes  Lost  by  the  City  on  Exempt  Land  Used  by  the 
New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public  Libraries. 

Table  14.  Statement  of  the  Assessed  Value  of  Exempt  Properties  Used  by  the  New  York  (Cir- 
culation Department),  Brooklyn  and  Queens  Borough  Public  Libraries. 

Table  15.  Detailed  Statement  of  the  Assessed  Value  of  Exempt  Properties  Used  by  the  New 
York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public  Libraries. 

PART   VI 

Table  16.  Analysis  of  Expenditiu-es  by  the  New  York  Public  Library  (Circulation  Department), 
from  Budget  Appropriations,  Special  Revenue  Bonds,  Fines,  State  Apportionments, 
Miscellaneous  Revenues  and  Endowment  Ftmds. 

Table  17.  Analysis  of  Expenditures  by  the  Brooklyn  Public  Library  from  Budget  Appropriations, 
Special  Revenue  Bonds,  Fines,  State  Apportionments,  Miscellaneous  Revenues  and 
Endowment  Ftmds. 

Table  18.  Analysis  of  Expenditiu-es  by  the  Brooklyn  Public  Library  from  Budget  Appropriations 
and  Special  Revenue  Bonds. 

Table  19.  Analysis  of  Expenditures  by  the  Brooklyn  Public  Library  from  Fines,  State  Appor- 
tionments, Miscellaneous  Revenues  and  Endowment  Fimds. 

Table  20.  Analysis  of  Expenditures  by  the  Queens  Borough  Pubhc  Library  from  Budget  Appro- 
priations, Special  Revenue  Bonds,  Fines,  State  Apportionments,  Interest  Receipts 
and  Miscellaneous  Revenues. 

Table  21.  Analysis  of  Expenditiu-es  by  the  Queens  Borough  Public  Library  from  Budget  Appro- 
priations and  Special  Revenue  Bonds. 

Table  22.  Analysis  of  Expenditures  by  the  Queens  Borough  Public  Library  from  Fines,  State 
Apportionments,  Interest  and  Miscellaneous  Revenues. 


PART   VII 

Table  23.     Statement  of  Expenditures,  per  1,000  Circulation,  from  Budget  Appropriations  and 

Special  Revenue  Bonds  by  the  New  York  (Circulation  Department),  Brooklyn  and 

Queens  Borough  Public  Libraries. 
Table  24.     Statement  of  Expenditiu-es,  per  1,000  Circulation,  from  Fines,  State  Apportionments, 

Miscellaneous  and  Endowment  Funds  by  the  New  York  (Circulation  Department), 

BrookljTi  and  Queens  Borough  Public  Libraries. 

7 


Table  25.     Statement  Showing  the  Interest  and  Amortization  Charges,  per  1,000  Circulation,  on 

Corporate  Stock  Issued  for  the  New  York  (Circulation  Department),  Brooklyn  and 

Queens  Borough  Public  Libraries. 
Table  26.     Statement  of  the  Amount,  per  1,000  Books  Circulated,  of  Taxes  Lost  by  the  City  on 

Exempt  Land  Used  by  the  New  York  (Circulation  Department),  Brookljm  and 

Queens  Borough  Public  Libraries. 

PART  VIII 

Table  27.  Statement  of  Expenditures  for  Library  Sites,  Original  Stock  of  Books  and  Buildings 
under  the  Provisions  of  the  Agreement  between  the  City  of  New  York  and  the  Rep- 
resentatives of  Andrew  Carnegie  for  the  Erection  of  Branch  Libraries. 

PAKT  IX 

Table  28.  Statement  Showing  Branch  Library  Statistics  for  the  New  York  Public  Library  (Cir- 
culation Department)  for  the  Years  191 1  to  1915,  Inclusive. 

Table  29.  Statement  Showing  Branch  Library  Statistics  for  the  Brookl>Ti  Public  Library  for  the 
Years  1911  to  1915,  Inclusive. 

Table  30.  Statement  Showing  Branch  Library  Statistics  for  the  Queens  Borough  Public  Library 
for  the  Years  1911  to  1915,  Inclusive. 


PART    X 

Table  31.  Statement  Showing  the  Number  of  Volumes  at  End  of  Each  Year  in  the  New  York 
(Circulation  Department),  Brooklyn  and  Queens  Borough  Public  Libraries. 

Table  32.  Statement  Showing  the  Number  of  Times  the  Stock  of  Books  Turns  Over  Each  Year 
in  the  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public 
Libraries. 

Table  33.  Statement  Showing  the  Deviation  of  Circulation  and  Budget  Appropriations  (Includ- 
ing Special  Revenue  Bonds)  Above  or  Below  the  Moving  Average  for  the  New  York 
(Circulation  Department),  Brooklyn  and  Queens  Borough  Public  Libraries  Combined. 


INDEX  TO  APPENDIX 

A.  An  act  to  authorize  and  empower  The  City  of  New  York  to  establish  and  maintain  a  free 

public  library  system.    Chapter  580,  Laws  of  1901. 

B.  Agreement  entered  into  between  The  City  of  New  York  and  The  New  York  Public  Library, 

Astor,  Lenox  and  Tilden  Foundations  for  the  erection  of  branch  libraries  in  the  boroughs 
of  Manhattan,  The  Bronx  and  Richmond,  1901. 

C.  Agreement  entered  into  between  The  City  of  New  York  and  the  representatives  of  Andrew 

Carnegie  for  the  erection  of  branch  libraries  in  the  Borough  of  Brooklyn,  igoi. 

D.  Agreement  entered  into  between  The  City  of  New  York  and  the  representatives  of  Andrew 

Carnegie  for  the  erection  of  branch  libraries  in  the  Borough  of  Queens,  1901. 

E.  Supplemental  agreement  entered  into  between  The  City  of  New  York  and  The  New  York 

Public  Library,  Astor,  Lenox  and  Tilden  Foundations  increasing  the  number  of  branch 
libraries  to  be  erected  in  the  Boroughs  of  Manhattan,  The  Bronx  and  Richmond  from 
forty-two  to  fifty,  1902. 

F.  An  act  to  incorporate  The  Brooklyn  Public  Library  and  to  permit  libraries  in  the  Borough 

of  Brooklyn  of  The  City  of  New  York  to  convey  their  property  thereto,  and  Hmiting  and 
defining  the  powers  thereof.    Chapter  606,  Laws  of  1902. 

G.  Agreement  entered  into  between  The  City  of  New  York  and  The  Brooklyn  Public  Library, 

providing  that  the  obligations  of  the  representatives  of  Andrew  Carnegie  be  transferred 
to  The  Brooklyn  Public  Library,  and  further  that  the  City  pay  such  sums  toward  the 
maintenance  of  The  Brooklyn  Public  Library  as  were  agreed  upon  in  the  1901  Carnegie 
agreement  together  with  such  additional  sums  as  are  necessary  for  the  proper  maintenance 
of  Hbraries  previously  under  the  administration  of  The  Brookl5Ti  PubHc  Library,  1903. 

H.  An  act  to  amend  Chapter  580  of  the  Laws  of  1901  authorizing  and  empowering  The  City  of 
New  York  to  enter  into  contract  with  the  public  libraries  to  make  good  any  damage  to 
library  buildings  and  make  necessary  repairs  and  provide  original  stock  of  books.  Chapter 
296,  Laws  of  1905. 
I.  Agreement  entered  into  between  The  City  of  New  York  and  The  New  York  Public  Library, 
Astor,  Lenox  and  Tilden  Foundations,  providing  that  the  City  should  make  good  any  damage 
to  library  buildings  and  make  necessary  repairs  and  provide  original  stock  of  books,  1905. 
J.  An  act  to  incorporate  The  Queens  Borough  Public  Library  and  to  permit  libraries  in  the 
Borough  of  Queens  of  The  City  of  New  York  to  convey  their  property  thereto,  and  limiting 
and  defining  the  powers  thereof.     Chapter  164,  Laws  of  1907. 

K.  Agreement  between  The  City  of  New  York  and  The  Queens  Borough  Public  Library,  pro- 
viding that  the  obligations  of  the  representatives  of  Andrew  Carnegie  be  transferred  to 
The  Queens  Borough  Public  Library  and  further  that  the  City  pay  such  stmis  toward  the 
maintenance  of  the  Queens  Borough  Public  Library  as  were  agreed  upon  in  the  1901  Carnegie 
agreement  together  with  such  additional  sums  as  necessary  for  the  proper  maintenance  of 
libraries  under  the  jurisdiction  of  the  Queens  Borough  Public  Library,  1907. 

OPINIONS    OF    THE    CORPORATION    COUNSEL 

L.  Moneys  must  be  paid  as  requested  by  the  Board  of  Trustees  when  the  aggregate  amotmt 
does  not  exceed  the  amount  appropriated  and  proper  vouchers  in  forms  approved  by  the 
Comptroller  are  submitted,  even  when  such  requests  disregard  the  budget  segregations. 

M.  Lighting  of  public  libraries  need  not  be  paid  for  out  of  funds  appropriated  to  Department  of 
Water  Supply,  but  since  the  cost  thereof  must  be  borne  by  the  City,  the  Commissioner 
of  Water  Supply  has  supervising  jurisdiction  over  all  contracts  therefor  and  no  such  con- 
tract shall  be  entered  into  imless  approved  of  by  him.     (Vol.  23,  P.  153.) 

N.  Under  agreement  between  The  Brooklyn  Public  Library  and  The  City  of  New  York,  dated 
Jime  s,  1903,  the  City  should  pay  for  certain  assessments  for  local  improvements  confirmed 
subsequent  to  said  agreement  against  property  owned  by  said  library  opposite  its  Fort 
Hamilton  Branch  and  against  property  constituting  said  branch  librarj\    (Vol.  35,  P.  390.) 

O.  Under  agreement  between  the  City  and  The  Brooklyn  Public  Library  the  latter  should  not 
be  compelled  to  pay  taxes  and  assessments,  insurance  charges  and  interest  on  mortgages 
on  property  which  is  unproductive.     (Vol.  37,  P.  271.) 

9 


BALANCE  SHEET 

In  order  to  show  the  total  value  of  the  property  which  is  owned  by  the  city  and  used  for  public 
library  piirposes  including  the  Central  Library  at  Fifth  Avenue  and  Forty-second  Street  as  well 
as  the  outstanding  debt  incurred  on  account  of  the  libraries,  a  Balance  Sheet  has  been  set  up  as 
of  December  31,  1915.  It  will  be  noticed  by  referring  to  the  accomjianying  balance  sheet  that  the 
sites  and  bxoildings  are  valued  at  over  thirty  million  dollars  and  the  books  owned  by  the  city  at 
more  than  a  million  dollars.  The  gross  funded  debt  which  exceeds  twelve  million  dollars  is  offset 
by  over  a  million  dollars  which  is  held  by  the  Commissioners  of  the  Sinking  Fund  for  the  redemption 
of  Corporate  Stock. 

THE  CITY  OF  NEW  YORK 

BALANCB   SHEET 

Public  Libraries,  Including  the  Central  Library  at  Fifth  Avenue  and  Forty-Second  Street. 

as  of  December  31,  igiS- 

ASSETS 
SITES  AND  BXnLDINGS 

NEW  YORK  PUBLIC  LIBRARY 

Borough  of  Manhattan 

Sites  for  Carnegie  Branch  Library  Buildings $1,351,125.04 

Carnegie  Branch  Library  Buildings 2,457,700. 28 

•Site  at  Fifth  Avenue,  40th-42nd  Streets 12,500,000 .  00 

New  York  Public  Library  Building,  Astor,  Lenox  and 

Tilden  Foundations 9,616,305.73    $25,925,131.05 

Borough  of  The  Bronx 

Sites  for  Carnegie  Branch  Library  Buildings $140,770.83 

Carnegie  Branch  Library  BuUdiiigs 585,874.02  726,644.85 

Borough  of  Richmond 

Sites  for  Carnegie  Branch  Library  Buildings $56,587 .  73 

Carnegie  Branch  Library  Buildings 164,778.97  221,366.70 

$26,873,142.60 

BROOKLYN   PUBLIC  LIBRARY 

Sites  for  Carnegie  Branch  Library  Buildings $596,816.03 

Carnegie  Branch  Library  Buildings 1,546,605 .  22 

Montague  Street  Branch  Site  (156-158  Pierrepont  St.).  40,000.00 

Montague  Street  Branch  Building 30,000.00 

♦Central  Library  Building  Site 357,000.00 

•♦Central  Library  BuUding 479,717.51        3,050,138.76 

QUEENS  BOROUGH   PUBLIC  LIBRARY 

Sites  for  Carnegie  Branch  Library  Buildings $54,830 .  39 

Carnegie  Branch  Library  Buildings 202,762 .  U  257,592 .  50 

Total,  Sites  and  Buildings $30,180,873.86 

BOOKS 

New  York  PubUc  Library $1,036,242.00 

Brooklyn  PubUc  Library 974,186.56 

Queens  Borough  Public  Library 214,916.00 

Total,  Books .• $2,225,344.56 

Less  Reserve  for  Depreciation: 

New  York  Public  Library $527,279.00 

Brooklyn  Public  Library 469,971 .37 

Queens  Borough  Public  Library 103,611.18        1,100,861.55        1,124,483.01 

CASH 

New  York  Public  Library $7 .47 

Brooklyn  Public  Library 498.78 

Queens  Borough  Public  Library 1,028.86 

Total,  Cash 1,535. 11 

Total  Assets $31,306,891 .98 


*  Assessed  Value.  ••  In  Process  of  Construction. 

10 


BALANCE  SHEET — Continued 

LIABILITIES 
FUNDED  DEBT  (Corporate  Stock  Issues) 


For  New  York  Public  Library  Building,  Astor,  Lenox 

and  Tilden  Foundations 

For  Enlarging  Montague  Street  Branch 

For  Old  City  of  Brooklyn  Public  Library  Bonds 

For  Central  Library  Building,  Brooklyn 

For  Corporate  Stock  Notes  for  above 


$9,363,049.79 

70,000.00 

5,000.00 

275,000.00 

204,717.51 


$9,917,767.30 


Sites  for  Carnegie  Branch  Libraries 

New  York  Public  Library $1,524,343.70 

Brooklyn  Public  Library 584,950.97 

Queens  Borough  Public  Library 45,000.00      $2,154,294.67 


Agent's  Fees 

Sodding,  etc.,  Brooklyn. . 
Sodding,  etc.,  Richmond. 


$2,500.00 
1,000.00 


8,580.39 
3,500.00 


Books 

New  York  Public  Library 

Brooklyn  Public  Library 

Queens  Borough  Public  Library. 


$160,000.00 
53,500.00 
18,500.00 


Total  Gross  Funded  Debt 

Less  Sinking  Fund  Holdings  for  Redemption  of 
Funded  Debt 

Net  Funded  Debt 


2,166,375.06 


232,000.00 

$12,316,142.36 

1,026,799.75 

$11^89,342.61 


SPECIAL  REVENUE  BONDS 


Issued  in  1915,  New  York  Public  Library. 
Issued  in  1915,  Brooklyn  Public  Library. . 


$12,700.00 
6,035.33 


SURPLUS    PER   SCHEDULE   A. 


18,735.33 
19,998,814.04 
Total  Liabilities $31,306,891 .98 

SURPLUS  ACCOUNT 

An  analysis  of  the  surplus  account  is  given  in  Schedule  A  which  accompanies  the  Balance 
Sheet.  It  will  be  seen  that  by  far  the  larger  part  of  the  surplus  account  of  the  public  libraries  con- 
sists of  property  which  was  acquired  by  gift.  The  two  largest  items  are  the  part  of  Bryant  Park 
on  which  the  Central  Building  of  the  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Founda- 
tions stands  and  the  branch  libraries  given  by  Andrew  Carnegie. 

Accotmt  has  not  been  taken  of  any  depreciation  on  branch  library  buildings  erected  by  Andrew 

Carnegie. 

SCHEDULE  A 

SURPLUS  ACCOUNT 

PUBLIC   LIBRARIES 

as  of  December  31,  1915. 
Credits 
Tax  Levy  Contributions  for  the  Extinguishment  of  the  Funded  Debt,  Including  Interest  Accretions    $1,026,799.  75 
Site  at  Fifth  Avenue,  40th  and  42nd  Streets,  Manhattan.    Transferred  to  City  by  Dongan  and  Mont- 

gomerie  Charter,  assessed  for 12,500,000.00 

Site  of  Central  Library  Building,  Brooklyn,  Transferred  from  Park  Department,  assessed  for 357,000.00 

Far  Rockaway  Branch,  Queens,  Transferred  from  Board  of  Education  Free  School  District  No.  18, 

Town  of  Hempstead 9,000.00 

Gift  of  Andrew  Carnegie,  Branch  Libraries 4,957,720.60 


Books  in  Excess  of  those  provided  for  from  Corporate  Stock  Issues. 

Premium  on  Corporate  Stock: 

Central  Building,  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Founda- 
tions, Manhattan $253,255.94 

Sites  for  Carnegie  Branch  Libraries 24,754.96 

Initial  Stock  of  Books 2,801 .21 


Unexpended  Balances  from  Appropriations  and  Special  Revenue  Bonds. 


889,681.80 


280,812.11 

1,535.11 

$20,022,549.37 


Old  City  of  Brooklyn  Public  Library  Bonds. 
Special  Revenue  Bonds  Issued  in  1915 


Charges 


$5,000.00 

18,735.33 

$23,735.33 

Surplus  per  Balance  Sheet $19,998,814.04 


II 


FORMER  METHOD  OF  GRANTING  APPROPRIATIONS  TO 
FREE  CIRCULATING  LIBRARIES 

The  growth  of  the  system  of  public  libraries  in  Greater  New  York  is  due  to  the  great  exten- 
sion of  the  free  public  libraries  which  were  started  as  private  enterprises  and  later  taken  over  by 
the  city.  Formerly  the  city  granted  appropriations  to  free  circulating  libraries  imder  the  pro- 
visions of  Chapter  378,  Section  37,  of  the  Laws  of  1892.  This  law  permitted  the  city  to  grant 
money  toward  the  support  of  libraries  not  owned  by  the  public,  but  maintained  for  its  welfare 
and  free  use,  provided  such  libraries  were  subject  to  the  inspection  of  the  Regents  of  the  University 
of  the  State  of  New  York  and  registered  by  them  as  maintaining  a  certain  standard.  The  Regents 
were  to  certify  as  to  the  circulation,  and  the  amount  granted  yearly  to  libraries  on  the  basis  of 
circulation  was  not  to  exceed  ten  cents  for  each  volume  circulated. 

The  statement  on  page  13  contains  the  amounts  granted  to  the  several  free  circulating  libraries 
for  the  seven  years  prior  to  1904. 

THE  BROOKLYN  AND  QUEENS  BOROUGH  PUBLIC  LIBRARIES 

The  Brooklyn  Public  Library  was  established  by  resolution  of  the  Brooklyn  Common  Council 
in  1896  and  consolidated  with  the  Brooklyn  Library  imder  Act  of  the  Legislature  in  1902. 

The  Queens  Borough  Public  Library  was  incorporated  in  1896  by  the  Regents  of  the  Univer- 
sity of  the  State  of  New  York  under  the  Laws  of  1892,  Chapter  378  as  amended  by  Laws  of  1895, 
Chapter  859. 

OFFER  AND  ACCEPTANCE  OF  THE  ANDREW  CARNEGIE  GIFT 

In  the  year  1901  Andrew  Carnegie  offered  to  furnish  the  funds  required  for  the  erection  and 
equipment  of  sixty-five  free  branch  libraries  for  the  circulation  of  books,  provided  the  City  of 
New  York  would  furnish  the  necessary  sites  and  al.so  provide  for  the  maintenance  of  the  libraries 
when  completed.  The  libraries  were  estimated  to  cost  $5,200,000,  being  an  average  of  $80,000 
each.  Subsequently  the  number  of  branches  was  increased  to  seventy-eight,  with  the  understanding 
that  the  total  estimate  should  not  be  exceeded.  The  number  of  branches  allotted  to  the  different 
library  systems  as  finally  agreed  upon  was  as  follows: 

New  York  Public  Library: 

Manhattan,  The  Bronx  and  Richmond SO 

Brooklyn  PubUc  Library 20 

Queens  Borough  Public  Library 8 

Total ; 78 

To  permit  the  city  to  enter  into  such  an  agreement,  a  special  Act  was  passed  by  the  Legis- 
lature (Chapter  580,  Laws  of  1901),  entitled  "An  Act  to  authorize  and  empower  the  City  of  New 
York  to  estabhsh  and  maintain  a  free  pubhc  Ubrary  system."  This  act  authorizes  the  city  to 
contract  with  Andrew  Carnegie  or  his  representatives  for  the  erection  and  equipment  of  branch 
libraries  without  cost  to  the  city  on  such  sites  as  the  city  might  own  or  acquire  for  the  purpose. 

The  City  of  New  York  entered  into  an  agreement  with  the  New  York  Pubhc  Library',  Astor, 
Lenox  and  Tilden  Foundations,  and  representatives  of  Andrew  Carnegie  for  the  erection  of  branch 
hbraries  in  1901,  pursuant  to  the  offer  of  Andrew  Carnegie. 

THE  TERMS  OF  THE  ORIGINAL  AGREEMENTS  WITH  THE  AGENTS  OF  ANDREW 
CARNEGIE  FOR  THE  ERECTION  OF  BRANCH  LIBRARIES 

The  terms  of  the  original  agreements  between  the  City  of  New  York  and  the  agents  of  Andrew 
Carnegie  were  as  follows: 

A.  The  city  was  to  acquire  the  sites  by  purchase  or  condemnation  tmless  those  not  required 
for  other  ptuposes  could  be  used,  all  sites  to  be  subject  to  the  approval  of  the  agents  of  Andrew 
Carnegie. 

B.  The  agents  were  to  proceed  with  the  erection  and  equipment  of  branch  library  buildings 
without  cost  to  the  city. 

C.  Upon  completion  the  branch  library  buildings  were  to  be  devoted  to  the  maintenance 
of  free  branch  circulating  libraries  and  reading  rooms. 

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D.  The  city  agreed  to  provide  not  less  than  lo  per  cent,  annually  of  the  amount  expended 
by  Andrew  Carnegie  for  the  purpose  of  maintaining  the  branch  libraries. 

E.  In  addition  to  maintenance  the  city  agreed  to  provide  for  repairs  to  the  buildings  and 
to  furnish  the  necessary  water. 

F.  It  was  stipulated  in  the  original  agreements  that  the  agents  of  Andrew  Carnegie  or  their 
successors  shoidd  prescribe  the  rules  and  regulations  governing  branch  libraries,  including  the 
direction  and  management  of  the  buildings,  books,  collections,  and  appurtenances. 

G.  The  lending,  delivery,  and  one  or  more  reading  rooms  are  required  to  be  open  every 
week-day  except  Sunday,  including  all  legal  holidays  from  9  a.  M.  to  9  p .  m.  On  Sundays  libraries 
may  be  open  as  agreed  upon. 

H.     The  buildings  and  books  are  the  property  of  the  city. 

I.       Fines  are  to  be  retained  by  the  libraries  and  applied  to  the  business  of  circulation. 

J.  Upon  the  completion  of  the  library  btuldings  in  Manhattan,  The  Bronx  and  Richmond 
the  city  was  to  grant  the  land  and  buildings  to  the  New  York  Public  Library,  Astor,  Lenox  and 
Tilden  Foundations  to  be  used  for  free  branch  library  purposes. 

K.     The  Brooklyn  Public  Library  was  to  exercise  control  over  the  branches  erected  in  Brooklyn. 

L.  The  Queens  Borough  Public  Library  was  to  be  appointed  the  administrative  agent  for 
the  maintenance  of  the  branches  and  the  traveling  libraries  in  Queens. 

M.  The  agreement  with  the  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Founda- 
tions, provides  that  the  library  appoint,  direct,  control  and  remove  all  persons  employed  within 
the  buildings  or  engaged  in  the  care  of  same. 

N.  The  agreement  with  the  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foimda- 
tions,  provides  that  all  unexpended  balances  of  appropriations  be  returned  to  the  city  for  the  re- 
duction of  taxation. 

O.  The  agreement  with  the  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Founda- 
tions, provides  that  the  library  shall  make  an  annual  report  of  transactions  to  the  city  by  May  ist 
of  each  year  for  the  year  preceding. 

P.  Agreements  can  be  cancelled  or  aimulled  or  from  time  to  time  modified  by  the  parties 
to  the  agreements. 

ORIGINAL  STOCK  OF  BOOKS 

There  was  some  doubt  as  to  whether  the  original  stock  of  books  for  the  branch  libraries  to 
be  erected  under  the  Carnegie  Agreement  were  to  be  provided  for  by  the  city  or  purchased  from 
the  Carnegie  Building  Fund.  In  1904  an  opinion  was  requested  from  the  Corporation  Counsel 
relative  to  this  matter  and  he  replied  as  follows: 

*"I  do  not  think  the  eqtiipment  of  library  btuldings  includes  the  stocking  of  them  with  books. 

It  means  the  putting  of  the  building  into  suitable  condition  for  use  as  a  library  building." 

Subsequently  an  enabling  act  was  passed  by  the  Legislatiu-e  amending  the  law  authorizing 
the  city  to  estabUsh  and  maintain  a  free  public  library  system.  This  amendment  specifically  pro- 
vided that  damages  to  library  property  should  be  repaired  and  restored  by  the  city  and  also  that 
the  city  should  provide  the  original  stock  of  books. 

SUBSEQUENT  AGREEMENT  BETWEEN  THE  CITY  AND  THE  NEW  YORK  PUBLIC 
LIBRARY,  ASTOR,  LENOX  AND  TILDEN  FOUNDATIONS 

In  1905  The  City  of  New  York  entered  into  an  agreement  with  The  New  York  Public  Library, 
Astor,  Lenox  and  Tilden  Foundations,  for  making  good  any  damages  to  library  buildings  or  their 
contents  and  also  for  providing  the  original  stock  of  books  for  any  library  buildings  where  no  stock 
of  books  exists. 

AGREEMENT  BETWEEN  THE  CITY  AND  THE  BROOKLYN  PUBLIC  LIBRARY 

In  fulfillment  of  the  terms  of  the  original  Carnegie  Agreement  the  City  entered  into  a  subse- 
quent agreement  for  transferring  the  obligations  of  the  representatives  of  Andrew  Carnegie,  to 
the  Brooklyn  Public  Library  as  their  successors,  and  naming  the  Brookljoi  Public  Library  as  the 
administrator  of  such  public  libraries  in  Brookl}^!  as  are  supported  in  whole  or  in  part  by  city  fimds. 
•  Page  926,  Volume  i,  1904  Minutes,  Board  of  Estimate  and  Apportionment. 

14 


Year 

Reference 

1849 

Chapter      i 

1870 

Chapter      2 

1887 

Chapter    85 

189s 

Chapter  209 

AGREEMENT  BETWEEN  THE  CITY  AND  THE  QUEENS  BOROUGH 

PUBLIC  LIBRARY 

In  order  to  carry  out  the  provisions  of  the  original  Carnegie  Agreement  the  city  entered  into 
a  subsequent  agreement  with  the  Queens  Borough  Public  Library  in  1907  for  the  purpose  of  trans- 
ferring the  duties  of  the  representatives  of  Andrew  Carnegie  to  The  Queens  Borough  Public  Library. 
In  this  subsequent  agreement  The  Queens  Borough  Public  Library  was  named  as  the  agent  of  the 
city  in  administering  the  public  libraries  in  Queens  to  the  support  of  which  the  city  contributes. 

CHRONOLOGICAL  TABLE 

For  the  purpose  of  summarizing  the  different  steps  which  have  occurred  in  the  relation  of 
the  City  of  New  York  to  The  New  York,  Brooklyn  and  Queens  Borough  Public  Library  systems, 
a  chronological  table  has  been  prepared.  Reference  to  this  table  shows  that  after  the  original 
agreement  was  entered  into  between  the  city  and  the  representatives  of  Andrew  Carnegie  for  the 
erection  of  branch  Ubraries  several  supplementary  agreements  were  entered  into.  The  items  to 
which  reference  is  made  in  the  chronological  table  and  which  are  starred  are  reproduced  in  full 
in  the  appendix  so  that  the  exact  language  of  any  of  the  agreements  can  be  referred  to  if  desired. 

NEW  YORK  PUBLIC  LIBRARY  (Astor,  Lcuox  and  Tilden  Foundations) 

An  act  to  incorporate  the  trustees  of  the  Astor  Library  amended  by 
Chapter  653,  Laws  of  1881  and  Chapter  96,  Laws  of  1891. 

An  act  to  incorporate  the  trustees  of  the  Lenox  Library  amended  by 
Chapter  166  of  Laws  of  1892. 

An  act  to  incorporate  the  Tilden  Trust  for  the  establishment  and  main- 
tenance of  a  free  library  and  reading  room  in  The  City  of  New  York. 

An  act  to  permit  the  consolidation  of  library  companies  in  The  City  of 
New  York,  amending  Chapter  541,  Laws  of  1892. 
1895  Agreement  to  consolidate  the  trustees  of  the  Astor  Library,  the  trustees 

of  the  Lenox  Library,  and  the  Tilden  Trust  into  The  New  York  Public  Library, 
Astor,  Lenox  and  Tilden  Foundations. 
1897     Chapter  556  An  act  amended  by  Chapter  627  of  the  Laws  of  1900  to  provide  for  the 

construction  of  a  public  building  in  Bryant  Park  in  The  City  of  New  York, 
to  be  occupied  by  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden 
Foundations. 

Resolution  approving  plans  for  the  erection  of  the  hbrary  building  in 
Bryant  Park. 

Lease  and  agreement  for  the  use  and  occupation  by  The  New  York 
Public  Library,  Astor,  Lenox  and  Tilden  Foundations  of  the  library  building 
to  be  constructed  in  Bryant  Park. 

1 901  Chapter  580  *An  act  to  authorize  and  empower  The  City  of  Ncft^  York  to  establish 

and  maintain  a  free  public  library  system. 

*Agreement  entered  into  between  The  City  of  New  York  and  The  New 
York  Pubhc  Library,  Astor,  Lenox  and  Tilden  Foundations  for  the  erection 
of  branch  libraries  in  the  Boroughs  of  Manhattan,  The  Bronx  and  Richmond. 

1902  *Supplemental  agreement  entered  into  between  The  City  of  New  York 
and  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations 
increasing  the  nvunber  of  branch  libraries  to  be  erected  in  the  Boroughs  of 
Manhattan,  The  Bronx  and  Richmond  from  forty-two  to  fifty. 

1905     Chapter  296  *An  act  to  amend  Chapter  580  of  the  Laws  of  1901  authorizing  and 

empowering  The  City  of  New  York  to  enter  into  contracts  with  the  public 
Ubraries  to  make  good  any  damage  to  library  buildings  and  make  necessary 
repairs  and  provide  original  stock  of  books. 

1905  *An  agreement  entered  into  between  The  City  of  New  York  and  The 

New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  providing 
that  the  city  should  make  good  any  damage  to  library  buildings  and  make 
necessary  repairs  and  provide  original  stock  of  books. 
*  For  reprint  see  appendix. 

15 


CHRONOLOGICAL  TABLE 

BROOKLYN   PUBLIC    LIBRARY 

Year      Reference 

1901  Chapter  580  *An  act  to  authorize  and  empower  The  City  of  New  York  to  establish 

and  maintain  a  free  public  library  system. 

♦Agreement  entered  into  between  The  City  of  New  York  and  the  repre- 
sentatives of  Andrew  Carnegie  for  the  erection  of  branch  libraries  in  the 
Borough  of  Brooklyn. 

1902  Chapter  606  *An  act  to  incorporate  The  Brooklyn  Public  Library  and  to  permit 

libraries  in  the  Borough  of  Brooklyn  of  The  City  of  New  York  to  convey 
their  property  thereto,  and  limiting  and  defining  the  powers  thereof. 

1903  Chapter  500  *Chapter  606  of  Laws  of  1902  amended. 

♦Agreement  entered  into  between  The  City  of  New  York  and  The 
Brooklyn  Public  Library,  providing  that  the  obligations  of  the  representa- 
tives of  Andrew  Carnegie  be  transferred  to  The  Brooklyn  Public  Library, 
and  further  that  the  city  pay  such  sums  toward  the  maintenance  of  The 
Brooklyn  Public  Library  as  were  agreed  upon  in  the  1901  Carnegie  agree- 
ment together  with  such  additional  sums  as  are  necessary  for  the  proper 
maintenance  of  libraries  previously  imder  the  administration  of  The  Brooklyn 
Public  Library. 
1905     Chapter  296  *An  act  to  amend  Chapter  580  of  the  Laws  of  1901  authorizing  and 

empowering  The  City  of  New  York  to  enter  into  contracts  with  the  public 
libraries  to  make  good  any  damage  to  library  buildings  and  make  necessary 
repairs  and  provide  original  stock  of  books. 

QUEENS   BOROUGH   PUBLIC   LIBRARY 

Year      Reference 

1 90 1     Chapter  580  *An  act  to  authorize  and  empower  The  City  of  New  York  to  establish 

and  maintain  a  free  public  library  system. 

♦Agreement  entered  into  between  The  City  of  New  York  and  the  repre- 
sentatives of  Andrew  Carnegie  for  the  erection  of  branch  libraries  in  the 
Borough  of  Queens. 

1905     Chapter  296  *An  act  to  amend  Chapter  580  of  the  Laws  of  1901  authorizing  and 

empowering  The  City  of  New  York  to  enter  into  contracts  with  the  pubHc 
libraries  to  make  good  any  damage  to  library  buildings  and  make  necessary 
repairs  and  provide  original  stock  of  books. 

1907    Chapter  164  *An  act  to  incorporate  The  Queens  Borough  Public  Library  and  to 

permit  hbraries  in  the  Borough  of  Queens  of  The  City  of  New  York  to  con- 
vey their  property  thereto,  and  Hmiting  and  defining  the  powers  thereof. 

♦Agreement  between  The  City  of  New  York  and  The  Queens  Borough 
Pubhc  Library,  providing  that  the  obligations  of  the  representatives  of  Andrew 
Carnegie  be  transferred  to  The  Queens  Borough  Public  Library  and  further 
that  the  city  pay  such  sums  toward  the  maintenance  of  The  Queens  Borough 
Public  Library  as  were  agreed  upon  in  the  1901  Carnegie  Agreement  together 
with  such  additional  sums  as  necessary  for  the  proper  maintenance  of  libraries 
imder  the  jurisdiction  of  the  Queens  Borough  Public  Library. 


SALIENT  CHARACTERISTICS  OF  LIBRARY  BUILDINGS 

A  survey  of  the  property  used  for  branch  library  buildings  shows  that  the  three  story  type 
on  a  frontage  of  fifty  feet  prevails  in  the  New  York  Public  Library  system  while  one  and  two  story 
buildings  on  lots  of  a  hundred  feet  and  more  frontage  prevail  in  Brooklyn  and  Queens.  The  size 
of  lot  and  type  of  construction  employed  directly  affect  the  cost  of  operation  and  maintenance  of 
the  various  branch  libraries. 

*  For  reprint  see  appendix. 

16 


TABLE  SHOWING  LIBRARY  STAFF  CORRESPONDING  TO  CIRCULATION 

For  the  purpose  of  summarizing  the  statistics  pertaining  to  the  library  staff  and  circulation 
in  branch  Ubraries,  a  "Table  Showing  Library  Staff  Corresponding  to  Circulation"  is  given  on 
pages  i8  and  19.  This  table  shows  the  median,  maximum  and  minimum  annual  circulation  of 
the  branches  in  each  system  corresponding  to  the  size  of  the  library  staff.  From  an  examination 
of  the  data  contained  in  the  following  table  it  will  be  seen  that  there  is  a  close  relation  between 
the  service  rendered  as  reflected  in  circulation  statistics  and  the  size  of  staff  required  for  a  branch 
library.  By  plotting  the  data  contained  in  the  table  on  cross  section  paper  it  was  found  that  a 
line  central  to  all  of  the  plotted  points  indicated  that  an  increase  of  one  in  the  library  staff  corre- 
sponds with  an  increase  of  a  little  over  20,000  in  the  annual  circulation. 


JANITORIAL  SERVICE  AND  COMPENSATION 

The  majority  of  the  Carnegie  branch  libraries  in  The  New  York  Public  Library  system  con- 
tain apartments  in  which  the  janitors  live.  On  this  account  the  expenditure  for  janitor's  wages 
per  1,000  circulation  in  1915  was  but  $3.78  in  The  New  York  Public  Library  branches,  while  in 
the  Brooklyn  and  Queens  Borough  Public  Library  systems  it  was  considerably  more.  However, 
when  the  rental  value  of  the  janitor's  apartments  and  the  allowance  made  for  window  cleaning  are 
taken  into  consideration  there  is  but  little  difference  in  the  cost  per  1,000  circulation.  A  com- 
parison which  has  been  made  of  the  cost  in  1915  for  janitorial  service  including  the  rental  value  of 
the  quarters  used  by  janitors  and  window  cleaning  in  The  New  York  and  Brooklyn  Public  Library 
branches  shows  that  in  the  former  the  cost  was  $5.08  and  in  the  latter  $5.91  per  1,000  circulation, 
as  follows: 

COST  OP  JANITORIAL  SERVICE  PER  1,000  CIRCULATION 

NEW   YORK   PUBLIC  LIBRARY 

1915  Budget  Allowance— Care  of  BuUdings  and  Grounds— Regular $35,940.00 

Budget  Allowance — Window  Cleaning 500.00 

$36,440.00 
Rent  of  Janitorial  Quarters — 37  Carnegie  Branches,  estimated  at  $30  per  month 13,320.00 

Total $49,760.00 

Circulation  9,798,619 

Janitorial  Cost  per  1,000  Circulation $5.08 

BROOKLYN   PUBLIC  LIBRARY 

1915  Budget  Allowance— Care  of  Buildings  and  Grounds— Regular $32,722 .  20 

Budget  Allowance— Window  Cleaning 2,000.00 

Total $34,722.20 

Circulation  5,875,190 

Janitorial  Cost  per  1,000  Circulation $5.91 

DEPRECLATION  ON  BOOKS 

From  the  data  available  a  table  has  been  prepared  for  the  pvirpose  of  showing  the  amount  of 
depreciation  on  books  per  1,000  circulation.  It  will  be  noticed  that  the  depreciation  rate  for  The 
New  York  Public  Library  (Circulation  Department)  is  $10.36,  for  The  Brooklyn  Public  Library 
$12.47  ^iid  for  The  Queens  Borough  Public  Library  $11.04  per  1,000  circulation.  The  variation 
in  the  amount  of  depreciation  per  i  ,000  circulation  is  about  in  proportion  to  the  difference  in  the 
average  price  paid  for  books  in  each  of  the  three  library  systems. 

TABLE  SHOWING  THE  DEPRECIATION  ON  BOOKS  IN  THE  THREE  LIBRARY  SYSTEMS  FROM 
THE  DATE  OF  CONSOLIDATION  IN  1898  TO  THE  END  OP  1915 

Period  Estimated            Present  Depreciation 

Covered  Expenditures  Inventory  per  1,000 

in  Years  for  Books              Value  Depreciation      Circulation  Circulation 
New  York  Public  Library 

(Circulation  Department) 15  $1,413,352.80  $508,963.00  $904,389.80      87,243,828      $10.36 

Brooklyn  Public  Library 18  1,148,685.20         504,215.19  644,470.01      51,660,866         12.47 

Queens  Borough  Public  Library 18  237,614.40         111,304.82  126,309.58      10,440,475         11.04 

Total $2,799,652.40    $1,124,483.01    $1,675,169.39     149,345,169      $33.87 

Average $11 .29 

17 


TABLE  SHOWING  LIBRARY  STAFF 


Library 
Staff 

New  York  Public  Library 

Brooklyn  Public  Library 

Circulation 

Circulation 

Libraries 

Median 

Maximum   Minimum 

Libraries 

Median 

Maximum 

Minimum 

23^ 
19 

l&H 
16M 

1 

1 
1 
3 

397,934 
374,324 
436,855 
375,205 

397,934 
374,324 
436,855 
388,708 

397,934 
374,324 
436,855 
359,759 

J5H 
14 

1 
1 
1 
2 

245,350 
338,272 
247,353 
281,771 

245,350 
338,272 
247,353 
333,103 

245,350 
338,272 
247,353 
230,440 

1 
2 

386,726 
294,667 

386,726 
344,898 

386,726 
244,437 

i3K 

2 

273.277 

292,554 

254,001 

13 
12H 

1 
2 

252,470 
242,037 

252,470 
248.642 

252,470 
235,433 

1 

355,051 

355,051 

355,051 

12 

2 

215.018 

234.313 

195,723 

11 

4 

186.253 

203,120 

159,103 

1 

295,471 

295,471 

295,471 

lOH  6  155.052       225.272       138.615 


10  1  246.903        246,903       246,903  2  193,972        251,129        136,816 

9}^  3  123.672        156,167        122,782 

9  4  233,899       253,031        155,783 


8H  1  117,948        117,948        117.948 

8  1  202,346       202,346       202,346 

7H  3  116,643        125.352         98.323 

7  7  151.026       228,384       110,100 


Syi  1  72,066         72,066         72,066 

5  1  100,418        100,418        100,418  1  66,187         66,187         66,187 

4  4  51.845  72.424         46.763  7  116,803        120,806         66,894 


52,820         52,820         52,820 


41,944         61,394         34,880 


The  data  as  to  library  staff  is  as  of  March,  1915.         George  Bruce  Branch,  New  York  Public 

i8 


CORRESPONDING  TO  CIRCULATION 


Queens  Borough  Public  Library 


Number  of 
Libraries 


Circulation 


New  York 
Public  Library 


Brooklyn 
Public  Library 


Median  Maximum   Minimum 


Queens  Borough 
Public  Library 


101,114       105.029         97,201 
81,510       108,947         77,215 


56,101         74,934         50,175 


39,665         52.313         15,607 


23,721         31,195  16,247 


Seward  Park 

Hamilton  Fish  Park 

Tremont 

Woodstock 

96th  Street 

Aguilar 

Tompkins  Square 

Morrisania 

Rivington  Street 

115th  Street 

Washington  Heights 

Yorkville 

Hamilton  Grange 

Mott  Haven 

Port  Washington 

Harlem 

Webster 

Chatham  Square 

St.  Agnes 

Melrose 

Hudson  Park 

125th  Street 

Bloomingdale 

67th  Street 

Columbus 

S8th  Street 

Muhlenberg 

135th  Street 

Ottendorfer 

Riverside 
Epiphany 
West  40th  Street 


St.  Gabriel's  Park 

Jackson  Square 
Bond  Street 
St.  George 


Cathedral 
Stapleton 

Port  Richmond 
Highbridge 
Kingsbridge 
Tottenville 


Bushwick 

Williamsburgh 
Brownsville 


Brownsville  (Children's) 


Saratoga 


Bedford 
Schermerhorn 


DeKalb 
Prospect 
Macon 
Pacific 


South 


Flatbush 

East 

Eastern  Parkway 

Leonard 

Ridgewood 

Carroll  Park 

Greenpoint 

City  Park 

Tompkins  Park 
New  Utrecht 
Kensington 
Borough  Park 
Bay  Ridge 
Albany  Heights 
Winthrop 
Astral 


Kings  Highway 
Fort  Hamilton 
Concord 
Sheepshead 


Jamaica 

Richmond  Hill 

Ridgewood 

Manor 

Flushing 

Astoria 

Elmhurst 


Broadway 

Nelson 

Poppenhusen 

Seaside 

Far  Rockaway 

Corona 

Ozone  Park 

Stein  way 

Woodside 

Bayside 

Queens 

Whitestone 

Hollis 


Library,    is  not  included  in  aboye  table  because  it  was  not  opened  until  June,  1915. 

15 


EXEMPTION  OF  TAXES  ON  LIBRARY  PROPERTY 

Property  used  for  public  library  purposes  is  exempted  from  taxation.  The  sites  used  for  the 
branch  libraries  of  the  three  library  systems  are  assessed  for  $2,546,533  of  which  amount  $1,303,733 
is  for  the  New  York  Public  Library  circulation  branches.  The  loss  to  the  city  by  reason  of  ex- 
emption of  taxes  on  sites  used  for  library  purposes  averaged  $2.82  per  1,000  books  lent  for  home 
use,  and  amounted  to  upwards  of  fifty  thousand  dollars  in  191 5. 


SEGREGATED  BUDGETS 

The  first  segregated  budget  for  library  purposes  was  set  up  in  1909.  The  appropriations  for 
the  libraries  were  scheduled  and  each  line  in  the  budget  given  a  separate  code.  Six  titles  were  used 
for  each  library.  Subsequently  the  ntmiber  of  titles  and  codes  used  in  setting  up  the  appropria- 
tions for  The  New  York,  Brooklyn  and  Queens  Borough  Public  Libraries  was  increased.  In  1912, 
1913  and  1914  functional  subdivisions  were  introduced  into  the  budget.  The  question  was  raised 
as  to  whether  or  not  the  Board  of  Estimate  and  Apportionment  had  the  right  under  the  provisions 
of  the  various  contracts  with  the  several  libraries  to  segregate  the  library  appropriations  as  was 
done  in  the  case  of  regular  city  departments.  The  matter  was  referred  to  the  Corporation  Counsel 
in  1 9 14.  He  rendered  an  opinion  to  the  effect  that  the  Board  of  Estimate  and  Apportionment 
was  not  permitted  under  the  provisions  of  the  various  contracts  with  the  several  library  systems 
to  segregate  their  annual  appropriations.  In  191 5  the  appropriations  to  The  New  York,  Brooklyn 
and  Queens  Borough  Public  Libraries  were  granted  in  bulk  to  each  library.  A  copy  of  the  opinion 
of  the  Corporation  Counsel  referred  to  will  be  found  at  the  end  of  this  report. 


LIGHTING  OF  PUBLIC  LIBRARIES 

Inasmuch  as  the  control  of  the  gas  and  electricity  used  by  the  dty  is  centered  in  the  Depart- 
ment of  Water  Supply,  Gas  and  Electricity,  the  question  has  frequently  been  raised  as  to  whether 
the  appropriation  for  illtmiinating  the  libraries  supported  by  the  city  should  not  be  made  to  the 
above  mentioned  department  instead  of  to  the  libraries.  In  answer  to  this  question  reference  is 
made  to  an  opinion  of  the  Corporation  Cotmsel  imder  date  of  January  29,  1907  in  which  he  made 
the  following  statement: 

"From  the  nature  of  the  relations  of  the  public  libraries  to  the  city,  the  Department  of 
Water  Supply,  Gas  and  Electricity  is  imder  no  duty  or  obligation  to  light  such  buildings  out 
of  the  funds  appropriated  to  such  department.  Inasmuch,  however,  as  the  cost  of  lighting 
such  libraries  must  ultimately  be  borne  by  the  city  it  is  my  opinion  that  the  Commissioner  of 
Water  Supply,  Gas  and  Electricity  has  jurisdiction  of  a  supervisory  nature  over  all  contracts 
for  lighting  and  that  no  contract  shall  be  entered  into  unless  approved  by  him.  .  .  . 

"In  drawing  up  the  next  budget,  the  Board  of  Estimate  and  Apportionment  might,  at 
its  pleasure,  establish  the  amoimt  to  be  appropriated  for  the  maintenance  of  public  libraries 
and  then  either  assign  the  amoimt  appropriated  for  lighting  to  the  Department  of  Water 
Supply,  Gas  and  Electricity,  directing  the  Commissioner  to  make  the  necessary  contracts  and 
provide  for  lighting,  or  direct  that  no  contracts  shoiild  be  entered  into  unless  approved  by  the 
Commissioner  of  Water  Supply,  Gas  and  Electricity,  and  that  such  contracts  should  not  be 
entered  into  for  a  rate  in  excess  of  that  paid  by  the  other  city  departments  for  service  under 
similar  circumstances  and  conditions." 


ENDOWMENT  FUNDS 

The  New  York  Public  Library  (Circulation  Department)  and  the  Brookljoi  Public  Library 
each  has  endowment  funds.  The  principal  of  these  funds  amounts  to  over  half  a  million  dollars 
as  shown  by  the  following  tabulation.  At  the  present  time  about  $12,000  is  available  annually 
from  the  securities  owned  by  The  New  York  Public  Library  (Circulation  Department)  and  $3,800 
from  securities  owned  by  The  Brooklyn  Public  Library  for  the  purchase  of  books. 

20 


ENDOWMENT  F\mD&— Continued 
ENDOWMENT  FUNDS 

NEW   YORK   PUBLIC   LIBRARY    (CIRCULATION   DEPAKTMBNT) 

as  of  December  31,  1915. 

Principal 
Name  of  Fund  and  Interest  Purpose 

Women's  P»md $2,000 .  00    Employment  of  women  or  purchase 

of  books. 

Ottendorfer  Fund 10,962 .  SO    Library  purposes. 

George  Bruce  Branch  Fund 166,576.95    Erection  and  maintenance  of  George 

Bruce  Branch. 

Jacob  H.  Schiff  Book  Fund 5,500.00     Purchase  of  books. 

Proudfit  Fund 12,053 .  75     Library  purposes. 

Theodore  G.  Weil  Fund 957 .  50     Establisliment  of  an  alcove  in  Aguilar 

Free  Library. 
Nina  G.  Spiegelberg  Fund 1,090.00     Establishment  of  an  alcove  in  Aguilar 

Free  Library  and  purchase  of  books. 

Charles  H.  Contoit  Fund 138,647.90     Library  purposes.  ' 

Circulation  Department — Corporate  Fund  Principal 95,467 .  55 

Total $433,256. 15 

ENDOWMENT  FUNDS  FOR  THE  PURCHASE  OF  BOOKS 

BROOKLYN    PUBLIC   LIBRARY 

as  of  December  31,  1915. 

Principal 
Name  of  Fund  and  Interest 

White  Fund $25,867.43 

Martin  Fund 11,151 .  10 

Wood  Fund 10,934. 14 

Lynda  Fund 11,463.47 

Gary  Bequest 5,520.53 

Duryea  Bequest 4,645 .  23 

Bell  Bequest 14,354.88 

Gary  Fund  (T.  L.  Frothingham,  Trustee) 982 .  50 

Bardwell  Fund 790. 15 

Total $85,709.43 

GRAPHIC  PRESENTATION  OF  FACTS 

In  order  to  present  the  facts  concerning  the  three  public  library  systems  in  Greater  New  York 
reference  will  be  made  to  several  graphic  charts.  The  purpose  of  these  charts  is  to  give  the  most 
salient  facts  contained  in  the  tables  at  the  end  of  this  report,  in  a  graphic  manner  so  that  the  reader 
can  readily  draw  his  own  conclusions.  There  are  certain  elements  which  enter  into  the  business 
of  a  branch  library  and  which  are  regularly  reported  in  the  form  of  library  statistics.  Chief  among 
these  statistics  of  interest  from  the  standpoint  of  efficiency  are  circulation,  book  stock,  accessions, 
deductions,  books  rebound  and  size  of  staff.  From  these  fundamental  statistics  certain  additional  facts 
can  be  obtained  for  each  branch,  such  as  the  number  of  times  the  book  stock  ttims  over  annually,  per 
cent,  of  book  stock  accessioned  annually,  per  cent,  of  book  stock  deducted  annually,  per  cent,  of 
book  stock  reboimd  annually,  book  stock  corresponding  to  circulation  and  library  staff  corre- 
sponding to  circulation.  By  properly  co-ordinating  all  the  library  statistics  mentioned  it  is  possible 
to  arrive  at  definite  conclusions  as  to  certain  fundamental  principles  underlying  the  work  of  the 
libraries.  In  cases  where  the  co-ordination  of  one  element  with  another  shows  a  close  relation  the 
facts  can  readily  be  stated  by  means  of  a  simple  formula  as  well  as  graphically.  However,  in  cases 
where  the  more  complex  problems  are  dealt  with  it  is  necessary  to  make  use  of  a  graphic  means  of 
presentation  in  order  to  show  the  relation  existing  between  various  elements  in  library  work. 

Charts  Showing  the  Total  Budget  and  the  Library  Appropriations  (Including  Special 
Revenue  Bonds),  1899-1915,  Inclusive,  Exhibits  A  and  B. 

In  order  to  show  the  relation  which  exists  between  the  total  budget  of  the  City  of  New  York 
and  the  appropriations  for  library  purposes  two  graphic  charts  have  been  prepared  as  shown  in 
Exhibits  A  and  B.  The  consolidation  of  Greater  New  York  took  place  in  1898.  The  first  appro- 
priation for  The  Brooklyn  Public  Library  was  made  in  1899,  for  The  Queens  Borough  Public  Library 
in  1901  and  for  The  New  York  Public  Library  in  1902.    The  Mtmicipal  Reference  Branch  of  The 

21 


New  York  Public  Library  was  granted  funds  for  the  first  time  in  the  1913  budget.  It  will  be  noticed 
by  reference  to  Exhibits  A  and  B  that  in  the  period  during  which  the  present  system  of  branch 
libraries  was  being  established  the  ratio  of  increase  in  library  appropriations  exceeded  that  of  the 
total  budget,  but  during  the  last  five  years  the  ratio  of  increase  in  library  appropriations  has  been 
about  the  same  as  that  for  the  total  budget. 


Amount  per  $1,000  of  the  Budget  Appropriated  to  Libraries,  1899-1915.    Exhibit  C. 

The  original  agreement  between  the  representatives  of  Andrew  Carnegie  and  The  City  of 
New  York  for  the  erection  of  branch  libraries  was  made  in  1901.  Since  then  there  has  been  a 
rapid  increase  in  the  amount  of  city  funds  allotted  to  the  public  libraries.  In  order  to  present  the 
amount  per  $1,000  of  the  total  city  budget  appropriated  to  the  public  libraries  a  graphic  chart 
has-been  prepared.  It  will  be  noticed  by  referring  to  Exhibit  C  that  after  the  Carnegie  agreement 
was  entered  into  the  per  cent,  of  the  total  budget  appropriated  to  libraries  continued  to  increase 
until  in  1911  the  maximum  of  $7.50  i^er  $1,000  of  the  total  budget  was  reached,  since  which  time 
there  has  been  a  slight  downward  trend. 


Cost  or  Operation  and  Maintenance  of  The  New  York  (Circulation  Department),  Brooklyn 
AND  Queens  Borough  Public  Libraries,  by  Object  of  Expenditure,  1915.    Exhibit  D 

In  1915  there  was  spent  $1,634,471.40 by  The  New  York  (Circulation  Department),  Brooklyn 
and  Queens  Borough  Public  Libraries  for  operation  and  maintenance.  For  the  purpose  of  showing 
the  cost  of  operation  and  maintenance  analyzed  by  object  of  expenditure,  Exhibit  D  has  been  pre- 
pared. The  first  impression  obtained  from  this  exhibit  is  the  preponderance  of  the  expenditiu^ 
for  salaries  of  librarians  and  assistants,  which  is  nearly  half  of  the  total,  over  other  items.  Next 
to  the  expenditure  for  salaries  of  librarians  and  assistants  comes  that  for  books,  which  amounts 
to  15.7  per  cent,  of  the  total.  The  other  items  of  expenditure  are  shown  in  Exhibit  D  arranged 
in  order  of  size. 


Per  Cent,  of  Total  Library  Expenditures  Paid  for  Salaries  of  Librarians  and  Assistants, 

1915.    -Exhibit  E 

In  1 91 5  the  salaries  of  librarians  and  assistants  in  all  public  libraries  amounted  to  $780,944.90. 
The  term  librarians  and  assistants  is  used  to  cover  chief  librarians,  chiefs  of  departments,  super- 
\n.sors,  branch  Hbrarians,  first  assistants,  senior  assistants,  junior  assistants  and  cataloguers.  The 
median  salary  for  these  positions  is  $660  in  the  New  York  and  Brooklyn  Public  Libraries  and 
$720  in  the  Queens  Borough  Public  Library.  A  comparison  of  the  per  cent,  of  total  library  ex- 
penditures paid  for  salaries  of  librarians  and  assistants  in  each  system  as  well  as  the  Municipal 
Reference  Branch  has  been  made  as  shown  in  Exhibit  E.  In  The  New  York  and  Queens  Borough 
Public  Libraries  48  per  cent,  of  their  total  expenditure  was  for  salaries  of  librarians  and  assistants, 
while  in  The  Brooklyn  Public  Library  the  per  cent,  was  45  and  in  the  Municipal  Reference  Branch 
76.  The  ai^parently  high  ratio  in  the  Municipal  Reference  Branch  is  due  to  the  fact  that  this 
library  occupies  space  in  the  Municipal  Building  for  which  no  charge  is  made. 


Per  Cent,  of  Total  Library  Expenditures  Paid  for  Books,  Periodicals  and  Binding,  1915. 

Exhibit  F 

The  expenditure  for  books,  periodicals  and  binding  in  1915  amounted  to  $366,411.77.  In 
order  to  show  the  per  cent,  of  total  library  expenditures  paid  for  books,  periodicals  and  binding 
Exhibit  F  has  been  prepared.  In  The  New  York  (Circulation  Department),  Brookl>Ti  and  Queens 
Borough  Public  Libraries  22  per  cent,  of  the  total  expenditure  is  for  books,  periodicals  and  binding. 
In  the  Municipal  Reference  Branch  only  11  per  cent,  of  the  cost  of  operation  and  maintenance  is 
for  books,  periodicals  and  binding.  This  low  per  cent,  in  the  Municipal  Reference  Branch  is  partly 
accounted  for  by  the  fact  that  this  library  obtains  many  of  its  books  and  pubHcations  by  gift  from 
city  departments. 

23 


Trend  in  Library  Appropriations  (Including  Special  Revenue  Bonds),  1899-1915,  Inclusive. 

Exhibit  G 

In  order  to  show  the  trend  in  the  appropriations  made  to  The  New  York  (Circulation  De- 
partment), Brooklyn  and  Queens  Borough  Public  Libraries  since  consolidation  Exhibit  G  has  been 
prepared.  It  will  be  noticed  that  the  greatest  increase  is  reported  for  the  New  York  Public  Library, 
while  The  Brooklyn  Public  Library  comes  second  and  The  Queens  Borough  PubUc  Library  last, 
as  would  be  expected,  in  view  of  the  number  of  branches  in  each  system.  In  1915  the  approjiriations, 
including  special  revenue  bonds,  reached  $744,609.50  for  the  New  York,  $451,936.84  for  the 
Brooklyn  and  $155,385.00  for  the  Queens  Borough  Public  Libraries. 

Number  of  Volumes  Lent  for  Home  Use  in  the  New  York  (Circulation  Department) 
Brooklyn  and  Queens  Borough  Public  Libraries,  1899-1915,  Inclusive.    Exhibit  H 

There  has  been  a  constant  increase  in  the  niunber  of  volumes  lent  for  home  use  since  the  city 
began  contributing  to  the  support  of  The  New  York  (Circulation  Department),  Brooklyn  and 
Queens  Borough  Public  Libraries.  A  graphic  "Chart  Showing  Number  of  Volumes  Lent  for  Home 
Use"  is  presented  in  Exhibit  H.  The  New  York  Public  Library  shows  the  largest  increase,  which 
is  due  to  the  estabHshment  of  mere  branches.  Next  in  order  of  size  of  circulation  comes  the  Brooklyn 
and  Queens  Borough  Public  Libraries.  The  total  number  of  volumes  lent  for  home  use  in  cir- 
culating branch  libraries  supported  in  part  by  the  city  last  year  was  17,007,098. 

Comparative  Circulation  by  Months  in  Each  Library  System  for  1914  and  1915. 

Exhibit  I 

The  circulation  reported  in  each  of  the  three  library  systems  in  Greater  New  York  is  shown 
by  months  for  the  years  1914  and  191 5  in  Exhibit  I.  It  will  be  noticed  that  March  ordinarily 
shows  the  highest  circulation,  after  which  the  number  of  books  lent  for  home  use  falls  off  until  in 
September  the  lowest  point  is  reached.  In  March,  191 5  The  New  York  Public  Library  (Circula- 
tion Department)  lent  1,010,810  books  for  home  use.  The  Brooklyn  Public  Library  563,606  books 
and  The  Queens  Borough  Public  Library  146,107  books.  It  will  be  noticed  by  reference  to  Ex- 
hibit I  that  in  each  library  system  the  average  monthly  circulation  for  191 5  showed  a  considerable 
increase  over  that  for  19 14. 

Per  Cent,  of  Circulation  and  Library  Appropriation  (Including  Special  Revenue  Bonds) 
Above  or  Below  Moving  Average,  1905-1915.    Exhibit  J 

As  the  circulation  seems  to  be  the  only  measure  of  service  at  present  available  a  study  has 
been  made  of  the  effect  which  an  tacrease  or  decrease  in  the  budget  allowance  has  upon  the  ac- 
celeration or  retardation  of  circulation.  In  order  to  present  the  results  of  the  investigation  which 
has  been  made  in  a  graphic  manner  a  "Chart  Showing  Per  Cent,  of  Circulation  and  Library  Ap- 
propriations (Including  Special  Revenue  Bonds)  Above  or  Below  Moving  Average"  has  been  pre- 
pared for  all  three  library  systems  combined.  Reference  to  Exhibit  J  shows  on  the  one  hand  that 
a  deviation  in  the  appropriation  curve  above  the  average  line  is  followed  by  an  upward  trend  in 
the  circulation  curve.  On  the  other  hand  a  decrease  in  circulation  followed  a  cut  in  the  appro- 
priation. A  study  of  the  data  available  reveals  the  fact  that  large  expenditures  for  new  books 
tend  to  accelerate  the  circulation  while  the  reverse  policy  retards  circulation.  Obviously  it  is 
the  new  books  which  are  most  effective  in  attracting  borrowers  to  a  circulating  library. 

Expenditures  per  1,000  Circulation  from  Appropriations  (Including  Special  Revenue 

Bonds)  by  The  New  York  (Circulation  Department),  Brooklyn  and  Queens 

Borough  Public  Libraries,  1900-1915,  Inclusive.    Exhibit  K 

In  order  to  present  the  relation  which  the  expenditures  from  approi^riations  including  special 
revenue  bonds  bear  to  the  circulation  a  graphic  "Chart  Showing  Expenditures  per  1,000  Circu- 
lation from  Appropriations  (Including  Special  Revenue  Bonds) "  has  been  prepared.  Reference 
to  Exhibit  K  shows  that  the  lowest  average  has  been  maintained  by  The  New  York  Public  Library, 

23 


while  the  average  for  The  Brooklyn  Public  Library  is  somewhat  higher  and  the  average  for  The 
Queens  Borough  Public  Library  is  the  highest.  For  the  three  library  systems  the  average  expendi- 
ture per  1,000  circulation  from  tax  levy  funds  was  $79  for  the  New  York,  $99  for  the  Brooklyn 
and  $128  for  the  Queens  Borough  Public  Libraries,  respectively,  for  the  period  shown  in  Exhibit  K. 


Growth  in  Book  Stock  in  Each  Libraky  System,  1899-1915,  Inclusive.    Exhibit  L 

In  order  to  show  the  increase  in  the  number  of  volumes  in  The  New  York  (Circulation  De- 
partment), Brooklyn  and  Queens  Borough  Public  Libraries,  a  graphic  "Chart  Showing  Growth 
in  Book  Stock  in  Each  Library  System"  has  been  prepared.  Reference  to  Exhibit  L  shows  that 
there  has  been  a  steady  increase  in  the  book  stock  in  each  library  system.  The  greatest  increase 
is  recorded  for  The  New  York  Public  Library,  while  The  Brooklyn  Public  Library  comes  second 
and  The  Queens  Borough  Public  Library  third.  The  average  annual  increase  in  stock  of  books 
for  these  three  library  systems  has  been  62,874,  51,528  and  13,226  volumes,  respectively. 


Trend  in  Number  of  Times  Book  Stock  Turns  Over  in  Each  Library 
System,  1901-1915,  Inclusive.  Exhibit  M 

A  graphic  "Chart  Showing  Trend  in  Number  of  Times  Book  Stock  Turns  Over  in  Each  Li- 
brary System"  has  been  prepared  as  shown  in  Exhibit  M.  The  method  of  arriving  at  the  annual 
turnover  is  to  divide  the  circulation  each  year  by  the  stock  of  books.  The  first  impression  one 
gets  from  a  glance  at  the  accompanying  chart  is  that  the  highest  rate  of  turnover  of  book  stock 
has  been  maintained  by  The  New  York  Public  Library.  The  Brooklyn  Public  Library  comes 
second,  and  The  Queens  Borough  Public  Library  last.  In  all  three  Ubrary  systems  the  tendency 
in  the  rate  of  turnover  of  book  stock  has  been  upward.  The  rate  of  turnover  has  increased  on  an 
average  of  one  in  twenty  years,  in  The  New  York  and  Brooklyn  circulating  branch  libraries,  and  one 
in  seven  years  in  The  Queens  Borough  Public  Library.  For  1915  the  tiimover  for  the  New  York, 
Brooklyn  and  Queens  Borough  circulating  branch  libraries  was  9.44,  9.04  and  7.13,  respectively. 


Library  Staff  Corresponding  to  Circulation  in  All  Branch  Libraries,  1915.    Exhibit  N 

For  the  purpose  of  showing  the  general  relation  which  the  size  of  library  staff  bears  to  the 
annual  circulation  in  the  various  branch  libraries  a  graphic  chart  has  been  prepared  as  shown  in 
Exhibit  N.  Reference  to  this  exhibit  shows  a  straight  line  drawn  in  a  central  position  with  refer- 
ence to  the  points  representing  the  relation  of  library  staff  to  circulation  in  the  individual  branches. 
It  will  be  seen  from  Exhibit  N  that  an  increase  of  one  in  the  library  staff  corresponds  to  an  increase 
of  31,666  in  the  annual  circulation. 


Book  Stock  Corresponding  to  Circulation  in  New  York  Public  Library  Branches,  1915. 

Exhibit  O 

In  order  to  establish  the  general  relation  existing  between  the  book  stock  in  branch  libraries 
and  the  annual  circulation,  a  graphic  chart  has  been  drawn  as  shown  in  Exhibit  O.  From  this 
chart  it  appears  that  the  average  branch  in  The  New  York  Public  Library  system  requires  an 
initial  stock  of  7,000  books  and  for  every  16,000  books  lent  annually  for  home  use  an  additional 
1,000  books  is  reqiured  to  be  added  to  the  stock. 


Accession  Rate  in  The  New  York  (Circulation  Department),  Brooklyn  and  Queens  Bor- 
ough Public  Library  Branches,  19x5.     Exhibits  P,  Q  and  R 

The  books  in  a  circulating  branch  library  wear  out  directly  in  proportion  to  the  number  of 
times  they  are  loaned  for  home  use,  or  in  other  words,  the  larger  the  annual  turnover  of  book  stock 
the  greater  per  cent,  of  the  total  book  stock  required  to  be  accessioned  annually.  For  the  pur- 
pose of  establishing  the  general  relation  which  exists  between  the  "ntunber  of  times  book  stock 

24      ..  .^ 


turns  over  annually"  and  the  "per  cent,  of  total  book  stock  accessioned  annually"  in  each  library 
S3rstem,  three  graphic  charts  have  been  prepared,  as  shown  in  Exhibits  P,  Q  and  R.  For  all  three 
systems  an  increase  of  one  in  the  annual  turnover  corresponds  to  an  increase  of  two  and  one-half 
in  the  per  cent,  of  total  book  stock  accessioned  annually. 

Rebinding  Rate  in  The  New  York,  Brooklyn  and  Queens  Borough  Public  Library 

Branches,  1915.    Exhibits  S,  T  and  U 

A  study  of  the  ratio  of  book  stock  tiimover  to  per  cent,  of  book  stock  rebound  has  been  made 
for  1915  in  The  New  York,  Brooklyn  and  Queens  Borough  Public  Libraries.  The  results  of  the 
study  are  presented  graphically  in  Exhibits  S,  T  and  U.  The  inquiry  shows  that  an  increase  of 
one  in  the  "number  of  times  book  stock  turns  over  annually"  corresponds  to  an  increase  of  1.9 
"per  cent,  of  the  total  book  stock  rebound  annually"  in  The  New  York  Public  Library  branches 
and  to  ^  per  cent,  in  The  Brooklyn  Public  Library  branches  and  to  ^|^  per  cent,  in  The  Queens 
Borough  Public  Library  branches. 

Deduction  Rate  in  New  York  Public  Library  Branches,  1915.    Exhibit  V 

An  investigation  has  been  made  into  the  relation  existing  between  the  turnover  in  book  stock 
and  the  per  cent,  of  total  book  stock  deducted  annually  in  The  New  York  Public  Library  branches. 
The  results  of  the  investigation  are  presented  in  Exhibit  V  and  show  that  an  increase  of  one  in 
the  "niunber  of  times  book  stock  ttuns  over  annually"  corresponds  to  an  increase  of  two  and  one- 
half  in  the  "per  cent,  of  total  book  stock  deducted  annually."  The  volumes  which  are  reported 
as  being  deducted  from  the  stock  of  branch  libraries  include  not  only  the  discards  but  also  books 
sent  to  the  central  reserve  collection  and  travelling  Ubraries. 


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INTRODUCTION  TO  TABLES 

Several  statistical  tables  have  been  prepared  as  a  sort  of  hand  book  on  the  funds,  accounts 
and  costs  of  The  New  York  (Circulation  Department),  BrooklyTi  and  Queens  Borough  Public 
Libraries.    These  tables  are  grouped  under  ten  general  headings,  as  follows: 

PART  I.  Statistics  of  Circulation,  Appropriations,  and  Cost  of  Operation  and  Maintenance 
and  Annual  Salaries  of  Librarians  and  Assistants. 

PART  II.  Statements  of  Expenditures  from  City  Funds  Other  than  for  Library  Sites  and 
Buildings. 

PART  III.  Statements  of  Exix;nditures  from  Other  than  City  Funds  Exclusive  of  Carnegie 
Library  Building  Fund. 

PART  IV.  Statement  Showing  the  Annual  Interest  and  Amortization  Charges  on  Corporate 
Stock  Issued  for  The  New  York  (Circulation  Department),  Brooklyn  and 
Queens  Borough  Public  Libraries. 

PART  V.  A.  Statement  of  the  Amount  of  Taxes  Lost  by  the  City  on  Exempt  Land  Used  by 
The  New  York  (Circulation  Department),  Brooklyn  and  Queens  Borough  Public 
Libraries. 

B.  Statements  of  the  Assessed  Value  of  Exempt  Properties  Used  by  the  Three 
Library  Systems  in  New  York. 

PART  VI.  Analysis  of  Expenditures  from  Appropriations,  Special  Revenue  Bonds,  Fines,  State 
Apportionments,  Miscellaneous  Revenues  and  Endowment  Funds. 

PART  VII.     Statements  of  Expenditures  by  Fvinds,  per  i,ooo  Circulation. 

PART  VIII.     Statement  of  Expenditures  for  Library  Sites,  Original  Stock  of  Books  and  Buildings. 

PART  IX.     Branch  Library  Statistics. 

PART  X.    Miscellaneous  Statements  and  Tables. 


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TABLE  4 

STATEMENT  SHOWING  THE  MEDIAN  AND  AVERAGE  SALARIES  OF  CHIEF  LIBRARIANS,  ASSIST- 
ANTS, SUPERVISORS,  BRANCH  LIBRARIANS,  FIRST  ASSISTANTS,  SENIOR  ASSISTANTS,  JUNIOR 
ASSISTANTS  (CHIEFS  OP  DEPARTMENTS),  AND  CATALOGUERS  IN  THE  NEW  YORK  (CIR- 
CULATION DEPARTMENT),  BROOKLYN  AND  QUEENS  BOROUGH  PUBLIC  LIBRARIES 

JUNE,  1915 


Annual  Salary 


$240. 

480. 

540. 

600. 

624. 

630. 

660. 

720. 

780. 

840. 

900. 

960. 
1,020. 
1,080. 
1,140. 
1,200. 
1,260. 
1,300. 
1,320. 
1,380. 
1,440. 
1,500. 
1,600. 
1,720. 
1,800. 
2,000. 
2,400. 
2,600. 
4,000. 
5,000. 
9,200. 


New  York 

Public  Library 

Circulation  Department 


1 


No.  of  Persons. 


Median  Salary 

Average  Salary 

No.  of  Persons  per 

1,000,000  Circulation 
for  1915 


119 
83 


86 

79 

15 

14 

28 

11 

13 

3 

7 

6 

10 

"9* 

1 

7 

2 

.... 

1 
1 


$240 

64^266 
49,800 


56,760 

56,880 

11,700 

11,760 

25,200 

10,560 

13,260 

3,240 

7,980 

7,200 

12,600 

iiisso 

1,380 

10,080 

3,000 

'  ii726 
1,800 
2,000 


5,000 


Brooklyn 
Public  Library 


$660. 
$739.55 


51 


28 

20 

37 

2 

13 
46 
16 
33 
7 

18 

17 

10 

4 

4 

4 


$13,440 

10,800 

22,200 

1,248 

8,190 

30,360 

11,520 

25,740 

5,880 

16,200 

16,320 

10,200 

4,320 

4,560 

4,800 


1,300 


1,500 
1,600 


3,600 

2,000 

2,400 

2,600 

4,000 

9,200 


498    $368,300    269    $213,978 


$660. 
$795.45 


46 


Queens  Borough 
Public  Library 


Total 


1 
11 
14 


9 
10 
5 
10 
1 
6 
1 
5 
3 
2 


$480 
5,940 
8,400 


5,940 
7,200 
3,900 
8,400 
900 
5,760 
1,020 
5,400 
3,420 
2,400 


6,000 


1      2,600 


83    $67,760 

$720. 
$816.38 


54 


1 

29 

ISO 

134 

2 

13 

141 

105 

53 

31 

47 

34 

24 

12 

14 

12 

10 

1 

9 

1 

7 

7 

1 

1 

3 

2 

1 

2 

1 

1 

1 


$240 

13,920 

81,000 

80,400 

1,248 

8,190 

93,060 

75.600 

41,340 

26,040 

42,300 

32,640 

24,480 

12,960 

15,960 

14,400 

12,600 

1,300 

11,880 

1,380 

10,080 

10.500 

1,600 

1,720 

5,400 

4,000 

2,400 

5,200 

4.000 

5.000 

9.200 


850    $650,038 

$660. 
$764.74 


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PART  III 

STATEMENTS  OF  EXPENDITURES  FROM  OTHER  THAN  CITY  FUNDS 
EXCLUSIVE  OF  CARNEGIE  LIBRARY  BUILDING  FUND 

TABLE  9 

STATEMENT  OF  EXPENDITURES  PROM  OTHER  THAN  CITY  FUNDS  BY  THE  NEW  YORK  PUBLIC 
LIBRARY  (CIRCULATION  DEPARTMENT),  EXCLUSIVE  OF  CARNEGIE  LIBRARY 

BUILDING  FUND 

Fines,  State  Grants,  Etc.                     Endowment  Funds  Total 

1906 $13,820.62                                   $13,820.62 

1907 20,230.77  $34,850.61  55,081.38 

1908 46,778.93  4,767.24  51,546.17 

1909 33,279.02  11,251.94  44,530.96 

1910 34,834.06  3,398.89                      •  38,232.95 

1911 36,311,29  11,876.46  48,187.75 

1912 34,097.19  10,266.45  44,363.64 

1913 36,699.61  12,605.46  49,305.07 

1914 45,342.55  19,970.39  65,312.94 

1915 45,027.99  16,396.40  61,424.39 

Total $346,422.03  $125,383.84  $471,805.87 


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PART  IV 

TABLE  12 

STATEMENT  SHOWING  THE  ANNUAL  INTEREST  AND  AMORTIZATION  CHARGES  ON  CORPORATE 

STOCK  ISSUED  FOR  THE  NEW  YORK  (CIRCULATION  DEPARTMENT),  BROOKLYN  AND 

QUEENS  BOROUGH  PUBLIC  LIBRARIES 

New  York  Public  Library             Brooklyn  Public  Library         Queens  Borough  Public  Total 

Circulation  Department Library 

Corporate  Corporate  Corporate 

Stock          Interest  and             Stock          Interest  and           Stock          Interest  and  Interest 

Out-           Amortization             Out-          Amortization            Out-         Amortization  and 
standing      Rate       Amount     standing     Rate       Amount    standing    Rate       Amount  Amortization 

1902 $144,391.67     S%     $7,219.58   $51,646.80    5%     $2,582.34   $9,276.80    5%        $463.84  $10,265.76 

1903 301,371.95     5%     15,068.60   252,151.34    5%      12,607.56    24,915.20    5%       1,245.76  28,921.92 

1904 568,236.03     5%     28,411.80   302,810.73     5%      15,140.54   64,330.39     5%       3,216.52  46,768.86 

1905 818,716.87     57c     40,935.84   367,284.92     5%      18,364.24   64,330.39     5%       3,216.52  62,516.60 

1906 1,187,697.99     5%     59,384.90   484,262.62     5%     24,213.13   64,330.39     5%       3,216.52  86,814.55 

1907 1,237,379.82     5%     61,868.99   512,062.82     5%     25,603.14   64,330.39     5%       3,216.52  90,688.65 

1908 1,461,514.25     5%     73,075.71    512,062.82     5%     25,603.14   64,330.39     5%"      3,216.52  101,895.37 

1909 1,536,256.53     5%     76,812.83    572,302.47     5%     28,615.12   64,330.39     5%       3,216.52  108,644.47 

1910 1,536,256.53     5%     76,812.83    572,302.47     5%     28,615.12   64,330.39     5%       3,216.52  108,644.47 

1911 1,590,153.79     5%     79,507.68   572,302^47     5%     28,61512    64,330.39     5%       3,216.52  111,339.32 

1912 1,655,593.70     5%     82,779.68   601,460.07     5%     30,073.00   64,3.?0. 39     5%       3,216.52  116,069.20 

1913 1,690,593.70     5%      84,529.68    601,460,07     5%      30,073.00   64,330.39     5%        3,216.52  117,819.20 

1914 1,690,593.70    5%     84,529.68   643,450.97     5%     32,172.55   64,330.39     5%       3,216.52  119,918.75 

1915 1,690,593.70    5%     84,529.68   643,450.97     5%     32,172.55   64,330.39     5%       3,216.52  119,918.75 


PART  V 

A.  STATEMENT  OF  THE  AMOUNT  OF  TAXES  LOST  BY  THE  CITY  ON  EXEMPT 

LAND  USED  BY  THE  NEW  YORK  (CIRCULATION  DEPARTMENT), 
BROOKLYN  AND  QUEENS  BOROUGH  PUBLIC  LIBRARIES 

B.  STATEMENTS  OF  THE  ASSESSED  VALUE   OF  EXEMPT   PROPERTIES  USED 

BY  THE  NEW  YORK  (CIRCULATION  DEPARTMENT),  BROOKLYN 
AND  QUEENS  BOROUGH  PUBLIC  LIBRARIES 


TABLE  13 

STATEMENT  OF  THE  AMOUNT  OF  TAXES  LOST  BY  THE  CITY  ON  EXEMPT  LAND  USED  BY  THE 
NEW  YORK  (CIRCULATION  DEPARTMENT),  BROOKLYN  AND  QUEENS  BOROUGH  PUBLIC 

LIBRARIES 


NEW   YORK    PUBLIC   LIBRARY    (CIRCULATION   DEPARTMENT) 


Manhattan 
Tax 

Land        Rate  Amount 

Value        Cents  of  Taxes 

1908 $931,500  1.61407  $15,035.06 

1909 933,500  1.67804  15,664.50 

1910 951,500  1.75790  16,726.42 

1911 1,016,250  1.72248  17,504.70 

1912 1,050,750  1.83  19,228.72 

1913 1,066,333  1.81  19,300,63 

1914 1,105,833  1.78  19,683.83 

1915 1,135,333  1.87  21,230.73 

Total $144,374.59 


The  Bronx 
Tax 
Land        Rqte       Amount 
Value      Cents     of  Taxes 


Richmond 
Tax 
Land       Rate     Amount 
Value      Cents   of  Taxes 


$64,900 

64,900 

80,900 

86,200 

96,700 

113,200 

115,000 

115,500 


1.61407 

1.67804 

1.75790 

1.72248 

1.83 

1.81 

1.77 

1.94 


$1,047.53 
1,089.05 
1,422.14 
1,484.78 
1,769.61 
2,048.92 
2,035 .  50 
2,240.70 


$44,100 
44,100 
44,100 
45,800 
47,500 
52,500 
52,900 
52,900 


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.77522 

.87501 

.81657 

.92 

.92 

.90 

.24 


$754.62 

782.87 

826.88 

831.99 

912.00 

1,008.00 

1,005.10 

1,184.96 


Total 

New  York 

Public 

Library 

$16,837.21 
17,536.42 
18,975.44 
19,821.47 
21,910.33 
22,357.55 
22,724.43 
24,656.39 


$13,138.23     $7,306.42   $164,819.24 


BROOKLYN    PUBLIC   LIBRARY  QUEENS    BOROUGH    PUBLIC   LIBRARY 


Land 
Value 


Brooklyn 

Tax 

Rate 

Cents 


1908 $574,500  1.67021 

1909 593,500  1.73780 

1910 594,500  1.81499 

1911 696,500  1.75502 

1912 698,700  1.87 

1913 721,700  1.85 

1914 ^61,800  1.84 

1915 1,128,800  1.92 

Total 


Amount 
of  Taxes 


Land 
Value 


Queens 
Tax 
Rate 
Cents 


Amount 
of  Taxes 


$9,595.36  $60,900  1.66031  $1,011.13 

9,912.70  60,900  1.72536  1,050.74 

10,790.12  60,900  1.81079  1,249.44 

12,223.71  117,000  1.73645  2,031.65 

13,065.69  117,000  1.84  2,152.80 

13,351.45  117,000  1.84  2,164.50 

14,017.12  117,000  1.80  2,106.00 

21,672.96  114,000  1.95  2,223.00 


Total  Taxes 

New  York 

Public 

Library 

$16,837.21 
17,536.42 
18,975.44 
19,821.47 
21,910.33 
22,357.55 
22,724.43 
24,656.39 


Grand 

Total 

Taxes 

$27,443.70 
28,499.86 
31,015.00 
34,076.83 
37,128.82 
37,873.50 
38,847.55 
48,552.35 


$104,629.11 


$13,989.26       $164,819.24       $283,437.61 


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94 


APPENDIX    A 

An  Act  to  Authorize  and  Empower  the  City  of  New  York  to  Establish  and  Maintain 

A  Free  Public  Library  System 

Laws  of  1901 

Chapter  580 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact  as  follows: 

Section  L  An  offer  having  been  made  by  Andrew  Carnegie,  esquire,  of  the  city  of  New 
York,  to  furnish  the  money  which  may  be  needed  for  the  erection  of  buildings  for  free  branch 
libraries  for  circulation  in  the  city  of  New  York,  estimated  to  cost  the  sum  of  five  million  two  hundred 
thousand  dollars  provided  that  the  said  city  will  furnish  the  necessary  sites  for  said  branch  library 
buildings,  and  also  agree  in  satisfactory  form  to  provide  for  the  maintenance  of  said  buildings  when 
built,  the  board  of  estimate  and  apportionment  of  the  city  of  New  York  is  hereby  authorized  and 
empowered  in  its  discretion  to  acquire  title  to  sites  for  free  branch  public  libraries  for  circulation, 
when  approved  by  the  person  or  corporation  with  whom  a  contract  is  made  for  the  erection  of  a 
building  thereon  as  provided  in  the  next  section  of  this  act.  Such  sites  so  selected  and  located 
shall  be  and  are  hereby  set  apart  for  the  purposes  of  the  buildings  to  be  erected  thereon  and  for  use 
as  free  branch  pubhc  libraries  for  circulation  with  reading  rooms  and  other  necessary  accommoda- 
tions. The  said  board  of  estimate  and  apportionment  shall  have  power  in  its  discretion,  to  acquire 
the  said  sites  or  any  of  them,  by  gift  or  by  purchase  and  to  agree  upon  the  piu-chase  price  of  the 
lands  or  interests  therein  from  time  to  time  so  selected  and  located  and  the  said  board  of  estimate 
and  apportionment  shall  also  have  power  in  its  discretion,  to  acquire  title  to  the  said  sites  or  any 
of  them  by  condemnation  proceedings  in  the  manner  provided  by  chapter  twenty-one  of  the  Greater 
New  York  charter.  And  the  said  board  of  estimate  and  apportionment  of  the  city  of  New  York 
shall  have  power  in  its  discretion  by  a  resolution  passed  by  the  unanimous  vote  of  the  members  of 
said  board,  and  also  approved  by  the  unanimous  vote  of  the  board  of  commissioners  of  the  sinking 
fimd  of  the  city  of  New  York,  and  by  the  person  or  corporation  with  whom  a  contract  is  made  for 
the  erection  of  a  btdlding  thereon  as  provided  in  the  next  section  of  this  act,  to  authorize  the  use  for 
the  purposes  of  the  erection  and  maintenance  of  said  free  branch  pubhc  libraries  of  any  real  estate 
belonging  to  the  city  of  New  York  and  which  is  not  required  for  other  public  purposes,  and  upon  the 
passage  of  the  said  resolution  by  the  said  board  of  estimate  and  apportionment,  when  approved  as 
aforesaid,  the  said  real  estate  therein  described  shall  be  and  is  hereby  set  apart  for  the  purposes  of 
the  erection  and  maintenance  of  the  said  buildings  of  skid  free  branch  public  libraries. 

Section  IL  The  board  of  estimate  and  apportionment  of  the  city  of  New  York  is  hereby 
authorized  in  its  discretion  to  make  and  enter  into  contracts  with  the  said  Andrew  Carnegie  or 
with  any  person  or  persons  designated  by  him  or  with  his  personal  representatives,  or  with  any 
corporation  or  corporations  approved  by  him  or  them  having  lawful  authority  to  construct  and 
maintain  free  libraries  which  contracts  may  provide  for  the  erection  and  equipment  without  cost  to 
the  city  of  New  York  of  hbrary  buildings  upon  the  sites  so  acquired,  or  upon  other  sites  now 
possessed  or  which  may  be  possessed  by  such  corporation  or  by  the  city  of  New  York.  Every 
such  contract  with  the  said  corporation  shall  provide  for  the  use  and  occupation  of  the  buildings 
thereafter  erected,  in  compUance  with  the  terms  of  such  contract  by  the  corporation  by  which  such 
a  contract  is  made,  and  for  the  establishment  and  maintenance  in  each  of  them  of  a  free  branch 
public  circulating  library  and  reading  room  and  every  such  contract  may  provide  that  such  use 
and  occupation  shall  continue  so  long  as  the  said  corporation  with  which  it  is  made  shall  maintain 
such  free  branch  public  libraries  and  reading  rooms  upon  the  said  sites  respectively. 

Section  IIL  The  said  board  of  estimate  and  apportionment  is  fvirther  authorized  and  em- 
powered in  its  discretion,  and  in  such  manner  as  may  seem  to  it  advisable  to  provide  in  such  con- 
tracts for  the  maintenance  of  a  public  library  system  in  the  City  of  New  York,  including  therein 
the  maintenance  of  any,  or  all  of  the  free  pubhc  Ubraries  now  existing  in  said  city  which  have  here- 
tofore been  maintained  in  whole  or  in  part  by  the  pubUc  fimds  of  the  said  dty,  and  also  for  the 

95 


riiaintenance  of  the  branch  libraries  to  be  erected  as  hereinbefore  provided,  and  of  travelling  libraries 
within  said  city.  The  amounts  required  for  such  maintenance  shall  constitute  a  city  charge  to  be 
provided  for  in  the  annual  budget  and  tax  levy  of  said  city.  The  contracts  to  be  made  under  the 
authority  conferred  by  this  act  may  provide  for  the  maintenance  of  the  libraries  on  such  sites  as 
rapidly  as  the  same  are  obtained,  and  library  buildings  are  constructed  thereon  pursuant  to  the 
provisions  of  this  act,  and  for  the  maintenance  of  such  other  branches  or  reading  rooms  or  circulating 
or  travelling  libraries  as  are  herein  above  referred  to. 

Section  IV.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  and  for  paying  the 
expenses  of  the  acquisition  of  the  sites  and  conducting  the  proceedings  for  the  condemnation  thereof, 
it  shall  be  the  duty  of  the  comptroller  of  the  City  of  New  York  on  being  thereunto  authorized  by  the 
said  board  of  estimate  and  apportionment  to  issue  and  sell  the  corjjorate  stock  of  the  city  of  New 
York  in  such  amounts  as  may  be  necessary,  and  at  such  a  rate  of  interest  as  may  be  fixed  by  said 
comptroller.  No  consent  or  approval  of  the  municipal  assembly  nor  of  any  board  other  than  the 
said  board  of  estimate  and  apportionment  shall  be  necessary  to  authorize  the  comptroller  to  issue 
such  stock  for  the  purposes  of  this  act. 

Section  V.    This  act  shall  take  effect  immediately. 


APPENDIX    B 

Agreement  entered  into  between  the  City  of  New  York  and  The  New  York  Public  Library, 
Astor,  Lenox  and  Tilden  Foundations  for  the  erection  of  branch  libraries  in  the  Boroughs  of  Man- 
hattan, The  Bronx  and  Richmond,  1901. 

THIS  AGREEMENT,  made  and  concluded  this  Seventeenth  day  of  July,  in  the  year  one 
thousand  nine  hundred  and  one,  by  and  between  THE  CITY  OF  NEW  YORK,  by  the  Board  of 
Estimate  and  Apportionment  of  said  city,  party  of  the  first  part,  and  THE  NEW  YORK  PUBLIC 
LIBRARY,  ASTOR,  LENOX  AND  TILDEN  FOUNDATIONS,  party  of  the  second  part,  Wit- 
nesseth: 

WHEREAS,  Andrew  Carnegie,  of  the  City  of  New  York,  has  heretofore  offered  to  furnish  the 
funds  necessary  for  the  erection  of  buildings  for  (>5  free  branch  libraries  for  circulation  in  the  City 
of  New  York,  estimated  in  all  to  cost  the  sum  of  five  million  two  hundred  thousand  dollars  ($5,200,- 
000),  being  an  average  cost  of  $80,000  each,  provided  the  City  of  New  York  would  furnish  the 
necessary  sites  for  such  buildings  and  agree  in  satisfactory-  form  to  provide  for  the  maintenance  of 
said  branches  when  completed,  and 

WHEREAS,  by  an  Act  of  the  Legislature  of  the  State  of  New  York,  approved  April  26,  1901, 
entitled  "An  Act  to  authorize  and  empower  the  City  of  New  York  to  establish  and  maintain  a 
free  public  library  system,"  being  Chapter  580  of  the  Laws  of  1901,  the  Board  of  Estimate  and 
Apportionment  of  the  City  of  New  York  is  authorized  in  its  discretion  to  acquire  title  by  gift,  con- 
demnation or  purchase  to  sites  for  free  branch  public  Ubraries  for  circulation,  with  the  approval 
of  the  person  or  corporation  with  whom  the  contract  is  made,  for  the  erection  of  buildings  thereon; 
and  whereby  such  Board  is  further  empowered  upon  the  terms  and  conditions  imposed  in  said  act  to 
authorize  the  use  of  any  real  estate  belonging  to  the  City  of  New  York  which  is  not  required  for 
other  public  purposes,  for  the  maintenance  and  erection  of  said  free  public  branches;  and  by  which 
act  the  said  Board  of  Estimate  and  Apportionment  is  further  authorized  in  its  discretion  to  make  and 
enter  into  contracts  with  said  Andrew  Carnegie,  or  with  any  person  or  persons  designated  by  him 
or  with  his  personal  representative,  or  with  any  corporation  or  corporations  approved  by  him  or 
them  having  lawful  authority  to  construct  and  maintain  free  Ubraries,  for  the  erection  and  equip- 
ment without  cost  to  the  City  of  New  York  of  Hbrary  buildings  upon  such  sites  so  to  be  acquired,  or 
upon  sites  now  possessed  or  which  may  hereafter  be  possessed  by  any  corporation  with  which  such 
contract  is  made,  or  by  the  City  of  New  York,  and  which  Board  of  Estimate  and  Apportionment  is 
fiulher  authorized  to  provide  in  such  contracts  for  the  maintenance  of  a  public  library  system  in  the 
City  of  New  York,  including  therein  the  maintenance  of  any  or  all  of  the  free  public  libraries  now 
existing  in  said  city  which  have  heretofore  been  maintained  in  whole  or  in  part  by  the  public  funds 
of  said  city,  as  well  as  for  the  maintenance  of  said  branch  libraries  so  to  be  erected  as  hereinbefore 
provided,  and  of  travelling  libraries,  which  amounts  required  for  maintenance  shall  constitute  a 

96 


city  charge  to  be  provided  for  in  the  annual  budget  and  tax  levy  of  said  City  of  New  York,  and  which 
contracts  may  provide  for  the  maintenance  of  the  libraries  to  be  constructed  on  such  sites  as  rapidly 
as  the  same  may  be  obtained  and  Ubrary  buildings  are  erected  thereon;  and 

WHEREAS,  it  is  not  at  the  present  time  deemed  expedient  by  the  parties  hereto  to  avail  of 
so  much  of  said  act  of  the  Legislatiu-e  as  relates  to  the  incorporation  in  this  agreement  of  provisions 
for  the  support  of  free  public  libraries  now  existing  in  said  City  which  have  heretofore  been  main- 
tained in  whole  or  in  part  by  the  public  funds  of  said  City,  but  rather  to  leave  that  subject  to  be 
disposed  of  as  the  same  may  from  time  to  time  arise  hereafter;  and 

WHEREAS,  the  said  THE  NEW  YORK  PUBLIC  LIBRARY,  ASTOR,  LENOX  AND 
TILDEN  FOUNDATIONS  has  been  approved  by  said  Andrew  Carnegie,  as  provided  in  said  act, 
and  duly  designated  by  him  as  his  agent  for  the  purpose  of  this  agreement,  and  has  lawful  authority 
to  contruct  and  maintain  free  libraries  in  the  City  of  New  York;  and 

WHEREAS,  it  is  desired  by  the  said  party  of  the  first  part  to  avail  of  the  offer  of  said  Andrew 
Carnegie  upon  the  terms  provided  in  said  act  of  the  Legislature  hereinabove  referred  to,  and  upon 
the  terms  and  in  the  manner  herein  set  forth. 

NOW,  THEREFORE,  IT  IS  AGREED  between  the  said  parties  hereto  as  follows,  viz.: 

FIRST :  The  party  of  the  first  part  shall  proceed  to  acquire  title  by  gift,  purchase  or  by  condem- 
nation as  provided  in  said  Act  hereinbefore  referred  to,  to  such  sites  as  shall  be  necessary  in  the 
Boroughs  of  Manhattan,  The  Bronx  and  Richmond,  for  the  piirpose  of  the  erection  and  maintenance 
thereon  of  free  branch  public  libraries,  on  the  approval  in  each  cae  of  the  said  The  New  York  Public 
Library,  Astor,  Lenox  and  Tilden  Foimdations,  which  sites  so  to  be  selected  and  approved,  shall  not 
unless  by  mutual  consent,  exceed  in  number  forty-two  in  the  said  Boroughs  of  Manhattan,  The 
Bronx  and  Richmond,  the  proportion  of  said  Sixty-five  Libraries  allotted  to  said  Boroughs;  and  the 
said  Board  of  Estimate  and  Apportionment  of  the  City  of  New  York,  by  resolution  adopted  by  the 
unanimous  vote  of  said  Board  and  approved  by  the  unanimous  vote  of  the  Commissioners  of  the 
Sinking  Fund  of  the  City  of  New  York,  and  on  the  approval  in  each  case  of  The  New  York  Public 
Library,  Astor,  Lenox  and  Tilden  Foundations,  may  authorize  the  use  of  any  real  estate  belonging 
to  said  City  of  New  York,  which  is  not  required  for  other  public  purposes  for  the  purpose  of  such 
erection  and  maintenance;  and  further  provided  that  any  site  now  possessed  or  hereafter  acquired 
by  the  said  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  may,  with  the 
approval  of  the  said  Board  of  Estimate  and  Apportionment,  be  used  as  a  site  for  the  erection  and 
maintenance  of  such  branch  public  libraries  as  aforesaid. 

SECOND:  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foimdations,  shall, 
upon  the  acquisition  of  title  to  any  site  so  approved  as  aforesaid,  or  upon  the  passage  of  resolutions 
as  aforesaid  by  the  unanimous  vote  of  the  members  of  the  Board  of  Estimate  and  Apportiormient 
and  of  the  said  Commissioners  of  the  Sinking  Fund  authorizing  the  use  of  any  real  estate  of  the 
City  of  New  York,  not  required  for  other  pubUc  purposes,  or  upon  the  approval  of  the  Board  of 
Estimate  and  Apportionment  of  any  site  now  possessed  or  which  may  hereafter  be  possessed  or 
acquired  by  the  party  of  the  second  part,  proceed  with  the  erection  and  equipment  of  library  build- 
ings thereon,  without  cost  to  the  City  of  New  York,  and  shall  complete  the  same  with  fimds  so  to  be 
contributed  by  Andrew  Carnegie  as  aforesaid;  provided,  however,  that  the  said  The  New  York 
Public  Library,  Astor,  Lenox  and  TUden  Foundations,  shall  not  be  required  to,  nor  shall  it,  without 
the  consent  of  the  said  Board  of  Estimate  and  Apportionment,  commence  the  erection  and  equip- 
ment of  a  larger  number  than  ten  library  buildings  upon  sites  furnished  by  the  City  of  New  York 
in  the  Boroughs  of  Manhattan,  The  Bronx  and  Richmond,  in  any  single  calendar  year  under  the 
provisions  hereof,  and  not  to  exceed  forty-two  branch  library  buildings  in  all  in  the  Boroughs  of 
Manhattan,  The  Bronx  and  Richmond.  Such  sites  and  each  of  them  and  the  buildings  thereon 
when  completed  shall  be  devoted  to  the  maintenance  of  free  branch  public  circtilating  libraries 
and  reading-rooms,  and  the  same  and  each  of  the  same  are  hereby  set  apart  for  use  as  free  branch 
public  libraries  for  circulation;  and  the  said  party  of  the  first  part  does  hereby  grant,  demise  and 
let  unto  the  said  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations  and  its 
successors,  on  the  erection  of  such  buildings  in  each  case,  the  land  or  real  estate  so  acquired  for 
sites,  and  the  said  land  or  real  estate,  the  use  of  which  shall  have  been  authorized  by  the  said  Board 
of  Estimate  and  Apportionment  and  the  Commissioners  of  the  Sinking  Fund  of  the  City  of  New 
York,  which  is  not  required  for  any  other  pub'ic  purpose,  with  all  improvements  upon  the  same  or 
any  of  the  same,  together  with  the  appurtenances;  TO  HAVE  AND  TO  HOLD  the  same  in  each 
case  imto  the  said  party  of  the  second  part  and  its  successors  so  long  as  the  said  party  of  the  second 

97 


part  and  its  successors  shall  continue  to  maintain  upon  the  same  respectively  free  branch  public  libra- 
ries and  reading-rooms,  and  so  long  as  the  said  party  of  the  second  part  and  its  successors  shall  keep,, 
perform  and  observe  the  covenants  and  conditions  herein  contained  on  its  part  to  be  kept,  performed 
and  observed. 

THIRD:  The  party  of  the  second  part  agrees  forthwith  upon  the  acquisition  of  any  site  by 
the  City  of  New  York  when  approved  as  hereinbefore  provided,  or  when  the  use  of  any  real  estate 
belonging  to  the  City  of  New  York  which  is  not  reqtiired  for  any  other  public  purposes,  shall  have 
been  duly  granted  as  aforesaid,  when  approved  by  the  party  of  thasecofid  part,  or  upon  the  approval 
of  any  site  now  possessed  or  to  be  hereafter  possessed  by  the  party  of  thie  second  part  by  the  Board 
of  Estimate  and  Apportionment  of  the  City  of  New  York  as  a  site  for  a  free  public  library  for  circula- 
tion within  the  meaning  of  the  above  mentioned  act,  to  proceed  to  erect  upon  the  same  respectively 
branch  libraries  for  circulation,  and  to  equip  the  same,  the  expense  thereof  to  be  paid  from  funds  to 
be  fiunished  by  Andrew  Carnegie  and  without  cost  to  the  City  of  New  York;  and  the  party  of  the 
second  part  further  agrees  to  complete  the  same  as  soon  as  possible,  and  thereafter  to  conduct  and 
carry  on  in  the  same  respectively,  with  funds  to  be  provided  by  the  party  of  the  first  part  as  herein- 
after provided,  free  public  libraries  for  circulation  with  reading-rooms,  and  to  devote  the  same  to 
the  use  of  the  public. 

FOURTH:  The  party  of  the  first  part  further  agrees  adequately  to  provide  for  the  main- 
tenance of  the  free  pubUc  branch  libraries  to  be  erected  piu^uant  to  this  agreement,  and  of  travelling 
libraries,  in  said  city,  and  to  that  end  to  provide  in  each  year  in  the  annual  budget  and  tax  levy  of 
said  city  a  sum  not  less  than  ten  per  centum  of  the  amount  expended  by  said  Andrew  Carnegie  under 
the  provisions  of  said  Act,  which  sum  shall  be  expended  for  the  maintenance  of  the  branch  libraries 
to  be  hereafter  constructed  pursuant  to  this  contract,  which  maintenance  shall  be  provided  for  said 
libraries  to  be  hereafter  constructed  as  rapidly  as  the  same  are  obtained;  and  in  case  a  library'  build- 
ing is  under  construction,  maintenance  may  be  provided  therefor,  to  commence  when  constructed; 
and  provided,  fiuther,  that  the  obligation  hereby  assumed  by  the  party  of  the  first  part  to  provide 
for  such  maintenance  a  sum  not  less  than  ten  jjcr  centum  of  the  amount  so  expended  by  said  Andrew 
Carnegie,  shall  not  be  taken  to  limit  the  right  of  said  Board  of  Estimate  and  Apportionment  to 
appropriate  for  such  maintenance  any  larger  siun  if,  in  its  discretion,  additional  appropriations 
should  be  required. 

FIFTH :  The  party  of  the  second  part  ftulher  agrees  that  such  amounts  so  to  be  appropriated 
in  each  year  for  the  maintenance  of  a  free  public  library  system  in  the  Boroughs  of  Manhattan,  The 
Bronx  and  Richmond  shall  be  applied  solely  to  the  maintenance  of  the  several  branch  public  libraries 
for  circulation  constructed  therein  pvirsuant  to  the  terms  of  this  agreement. 

SIXTH:  IT  IS  FURTHER  AGREED  that  the  said  several  branch  libraries  which  may  be 
constructed  pursuant  to  the  provisions  of  said  act,  and  each  of  them,  shall  be  accessible  at  all  rea- 
sonable hoiu^  and  times,  free  of  expense,  to  the  persons  resorting  thereto,  subject  only  to  such 
reasonable  control  and  regulation  as  the  party  of  the  second  part,  its  successors  or  successor,  from 
time  to  time  may  exercise  and  estabhsh  for  general  convenience;  provided,  further,  that  the  lending, 
delivery  and  one  or  more  reading-rooms  in  each  of  said  library  buildings  shall  be  open  and  accessible 
to  the  public  upon  every  day  of  the  week  except  Sunday,  but  including  all  legal  holidays,  from  at  least 
nine  o'clock  a.m.  to  at  least  nine  o'clock  p.m.,  imder  such  rules  and  regulations  as  the  said  party 
of  the  second  part  shall  prescribe  from  time  to  time,  and  on  Simdays  such  parts  of  any  of  such 
libraries  may  be  opened  in  such  manner  and  during  such  hours  as  may  be  from  time  to  time  agreed 
upon  between  the  said  Board  of  Estimate  and  Apportionment  and  said  The  New  York  Public  Li- 
brary, Astor,  Lenox  and  Tilden  Foundations. 

SEVENTH :  The  books  contained  in  said  several  libraries  which  shall  be  purchased  with  funds 
provided  by  said  Andrew  Carnegie  or  by  fimds  hereafter  provided  by  the  City  of  New  York  shall 
be  and  remain  the  property  of  the  City  of  New  York  and  shall  be  marked  plainly  as  such,  and  the 
authorities  of  the  City  of  New  York  shall  have  at  all  times  access  to  every  part  of  said  library  build- 
ings and  libraries  and  each  of  them  for  general  police  visitation  and  supervision,  and  also  for  the 
purpose  of  the  performance  of  the  duties  devolving  upon  them  by  the  laws  of  the  State  of  New 
York  now  or  hereafter  to  be  enacted,  and  the  police  powers  exercised  by  the  said  City  of  New  York 
shall  extend  in,  through  and  over  the  said  buildings  and  each  of  them.  The  party  of  the  second  part, 
however,  shall  appoint,  direct,  control  and  remove  all  persons  employed  within  the  said  buildings 
respectively  and  in  the  care  of  the  same.  All  fines  to  be  exacted  from  any  person  or  persons  shall 
be  retained  by  the  party  of  the  second  part,  applied  to  the  business  of  circulation  and  duly  accoimted 

98 


for  in  its  accounts.  All  balances  of  anntial  appropriations  made  by  the  party  of  the  first  part  and 
not  duly  expended  by  the  party  of  the  second  part  for  the  maintenance  of  such  libraries  during  the 
calendar  years  for  which  such  appropriations  shall  have  been  made,  shall  be  accounted  for  and  paid 
by  the  said  party  of  the  second  part  to  the  Comptroller  of  the  City  of  New  York,  to  be  deposited  to 
the  credit  of  the  general  fund  for  the  reduction  of  taxation  within  sixty  days  after  the  expiration  of 
each  of  such  calendar  years. 

EIGHTH :  The  City  shall  annually,  in  addition  to  the  provision  for  maintenance  heretofore 
provided  for,  provide  funds  for  the  repair  of  the  several  buildings  located  upon  sites  owned  by  or 
furnished  by  the  city.  The  city,  in  addition,  shall  at  all  times  furnish  a  supply  of  water,  and,  with 
the  limitations  already  defined  the  party  of  the  second  part  shall  exercise  direction  and  manage- 
ment over  the  affairs  of  the  several  library  buildings,  and  the  books,  collections,  and  appurtenances. 
NINTH :  IT  IS  FURTHER  AGREED  that  this  agreement  may  be  wholly  cancelled  or 
annulled,  or  from  time  to  time  altered  or  modified,  as  to  any  one  or  more  of  the  library  buildings 
hereafter  to  be  constructed  or  owned  or  for  which  maintenance  is  provided  under  the  provisions 
of  this  agreement,  as  may  be  agreed  upon  in  writing  between  the  parties  hereto  or  their  successors, 
anything  herein  to  the  contrary  notwithstanding. 

TENTH :  That  the  said  party  of  the  second  part  shall  on  or  before  the  first  day  of  May  in  every 
year  during  the  continuance  of  this  agreement  submit  to  the  party  of  the  first  part,  its  successor  or 
successors,  a  detailed  report  of  the  transactions  of  the  party  of  the  second  part,  to  and  including  the 
31st  day  of  December  of  the  year  preceding. 

IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has  caused  this  agreement  to  be  executed 
by  the  Board  of  Estimate  and  Apportionment  pursuant  to  a  resolution  adopted  at  a  meeting  held 
on  the  seventeenth  day  of  July,  1901  and  the  party  of  the  second  part  has  caused  this  agreement 
to  be  executed  by  its  President,  and  its  official  seal  to  be  hereto  affixed  pursuant  to  resolutions  of  the 
Trustees  of  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  and  adopted  at 
a  meeting  held  on  the  29th  day  of  May,  1901. 

RoBT.  A.  Van  Wyck, 

Mayor 
Bird  S.  Coler, 

Comptroller 
John  Whalen, 

Corporation  Counsel 
Randolph  Guggenheimer 

President  of  the  Council 
Thos.  L.  Feitner, 

President  of  the  Department  of 
Taxes  and  Assessments 

THE  NEW  YORK  PUBLIC  LIBRARY, 

ASTOR,  LENOX  AND  TILDEN  FOUNDATIONS: 

By  John  Bigelow, 
President. 

(Corporate  Seal) 

Attest : 

G.  L.  Rives, 

Secretary. 

This  contract  seems  to  me  in  every  respect  admirable,  and  is  heartily  approved. 

Andrew  Carnegie. 
Skibo  Castle, 

June  24th,  1901. 

99 


APPENDIX    C 

Agreement  Entered  into  Between  The  City  of  New  York  and  the  Representatives 
or  Andrew  Carnegie  for  the  Erection  of  Branch  Libraries  in  the  Borough  of  Brooklyn, 
1901. 

THIS  AGREEMENT,  made  and  concluded  this  Eleventh  day  of  September,  in  the  year  One 
thousand  nine  hundred  and  one,  by  and  between  THE  CITY  OF  NEW  YORK,  by  the  Board  of 
Estimate  and  Apportionment  of  said  city,  party  of  the  first  part,  and  David  A.  Boody,  Daniel  W. 
McWilliams,  R.  Ross  Appleton,  and  John  W.  Devoy,  parties  of  the  second  part,  Witnesseth: 

WHEREAS,  Andrew  Carnegie,  of  the  City  of  New  York,  has  heretofore  offered  to  furnish  the 
funds  necessary  for  the  erection  of  buildings  for  65  free  branch  libraries  for  circulation  in  the  City 
of  New  York,  estimated  in  all  to  cost  the  sum  of  five  million  two  hundred  thousand  dollars  ($5,200,- 
000),  being  an  average  cost  of  $80,000  each,  provided  the  City  of  New  York  would  furnish  the 
necessary  sites  for  such  buildings  and  agree  in  satisfactory  form  to  provide  for  the  maintenance  of 
said  branches  when  completed;  and 

WHEREAS,  by  an  Act  of  the  Legislature  of  the  State  of  New  York,  approved  April  26th,  1901, 
entitled  "An  Act  to  authorize  and  empower  the  city  of  New  York  to  establish  and  maintain  a  free 
pubhc  library  system, "  being  Chapter  580  of  the  Laws  of  1901,  the  Board  of  Estimate  and  Appor- 
tionment of  the  City  of  New  York  is  authorized  in  its  discretion  to  acquire  title  by  gift,  condemnation 
or  purchase  to  sites  for  free  branch  public  libraries  for  circulation,  with  the  approval  of  the  person  or 
corporation  with  whom  the  contract  is  made,  for  the  erection  of  buildings  thereon ;  and  whereby  such 
Board  is  fiu-thcr  empowered  upon  the  terms  and  conditions  imposed  in  said  act  to  authorize  the  use 
of  any  real  estate  belonging  to  the  City  of  New  York  which  is  not  required  for  other  public  purposes, 
for  the  maintenance  and  erection  of  said  free  public  branches;  and  by  which  act  the  said  Board  of 
Estimate  and  Apportionment  is  further  authorized  in  its  discretion  to  make  and  enter  into  con- 
tracts with  said  Andrew  Carnegie,  or  with  any  person  or  persons  designated  by  him,  or  with  his 
personal  representative,  or  with  any  corporation  or  corporations  approved  by  him  or  them  having 
lawful  authority  to  construct  and  maintain  free  libraries,  for  the  erection  and  equipment  without 
cost  to  the  City  of  New  York  of  library  buildings  upon  such  sites  so  to  be  acquired,  or  upon  sites 
now  possessed  or  which  may  hereafter  be  possessed  by  any  corporation  with  which  such  contract  is 
made,  or  by  the  City  of  New  York,  and  which  Board  of  Estimate  and  Apportionment  is  further 
authorized  to  provide  in  such  contracts  for  the  maintenance  of  a  public  library  system  in  the  City 
of  New  York,  including  therein  the  maintenance  of  any  or  all  of  the  free  public  libraries  now  existing 
in  said  city  which  have  heretofore  been  maintained  in  whole  or  in  part  by  the  public  funds  of  said 
city,  as  well  as  for  the  maintenance  of  said  branch  libraries  so  to  be  erected  as  hereinbefore  provided 
and  of  traveling  libraries,  which  amounts  required  for  maintenance  shall  constitute  a  city  charge  to 
be  provided  for  in  the  annual  budget  and  tax  levy  of  said  City  of  New  York,  and  which  contracts  may 
provide  for  the  maintenance  of  the  libraries  to  be  constructed  on  such  sites  as  rapidly  as  the  same 
may  be  obtained  and  library  buildings  are  erected  thereon;  and 

WHEREAS,  the  said  David  A.  Boody,  Daniel  W.  McWiUiams,  R.  Ross  Appleton,  and  John  W. 
Devoy  have  been  approved  by  said  Andrew  Carnegie,  as  provided  in  said  act,  and  duly  designated 
by  him  as  his  agents  for  the  purpose  of  this  agreement ;  and 

WHEREAS,  it  is  desired  by  the  said  party  of  the  first  part  to  avail  of  the  offer  of  said  Andrew 
Carnegie  upon  the  terms  provided  in  said  act  of  the  Legislature  hereinabove  referred  to,  and  upon  the 
terms  and  in  the  manner  herein  set  forth. 

NOW,  THEREFORE,  IT  IS  AGREED  between  the  said  parties  heretofore  as  follows,  viz. : 

FIRST :  The  party  of  the  first  part  shall  proceed  to  acquire  title  by  gift,  purchase  or  by  condem- 
nation, as  pro\'ided  in  said  Act  hereinbefore  referred  to,  to  such  sites  as  shall  be  necessary  in  the 
Borough  of  Brooklyn,  for  the  purpose  of  the  erection  and  maintenance  thereon  of  free  branch  public 
libraries,  on  the  approval  in  each  case  of  the  said  parties  of  the  second  part,  which  sites  so  to  be 
selected  and  approved  shall  not,  unless  by  mutual  consent,  exceed  in  ntimber  twenty  in  the  said 
Borough  of  Brookljm,  the  proportion  of  said  sixty-five  libraries  allotted  to  said  Borough ;  and  the  said 
Board  of  Estimate  and  Apportionment  of  the  City  of  New  York,  by  resolution  adopted  by  the 
unanimous  vote  of  said  Board  and  approved  by  the  unanimous  vote  of  the  Commissioners  of  the 

lOO 


Sinking  Fund  of  the  City  of  New  York,  and  on  the  approval  in  each  case  of  the  parties  of  the  second 
part,  may  authorize  the  use  of  any  real  estate  belonging  to  said  City  of  New  York,  which  is  not 
required  for  other  pubHc  purposes,  for  the  purpose  of  such  erection  and  maintenance. 

SECOND:  The  said  parties  of  the  second  part  shall,  upon  the  acquisition  of  title  to  any  site 
so  approved  as  aforesaid,  or  upon  the  passage  of  resolutions  as  aforesaid  by  the  unanimous  vote  of 
the  members  of  the  Board  of  Estimate  and  Apportionment,  and  of  the  said  Commissioners  of  the 
Sinking  Fund,  authorizing  the  use  of  any  real  estate  of  the  City  of  New  York,  not  required  for  other 
public  purposes,  proceed  with  the  erection  and  equipment  of  library  buildings  thereon,  without  cost 
to  the  City  of  New  York,  and  shall  complete  the  same  with  funds  so  to  be  contributed  by  Andrew 
Carnegie  as  aforesaid,  provided,  however,  that  the  said  parties  of  the  second  part  shall  not  be  required 
to,  nor  shall  they,  without  the  consent  of  the  said  Board  of  Estimate  and  Apportionment,  commence 
the  erection  and  equipment  of  a  larger  number  than  seven  library  buildings  upon  sites  furnished  by 
the  City  of  New  York  in  the  Borough  of  Brooklyn,  in  any  single  calendar  year  under  the  provisions 
hereof,  and  not  to  exceed  twenty  branch  library  buildings  in  all  in  the  Borough  of  Brooklyn.  Such 
sites,  and  each  of  them,  and  the  buildings  thereon  when  completed  shall  be  devoted  to  the  mainte- 
nance of  free  branch  public  circulating  libraries  and  reading  rooms,  and  the  same  and  each  of  the  same 
are  hereby  set  apart  for  use  as  free  branch  public  libraries  for  circulation. 

THIRD:  The  parties  of  the  second  part  agree  forthwith  upon  the  acquisition  of  any  site  by 
the  City  of  New  York  when  approved  as  hereinbefore  provided;  or  when  the  use  of  any  real  estate 
belonging  to  the  City  of  New  York  which  is  not  required  for  any  other  public  pvuposes,  shall  have 
been  duly  granted  as  aforesaid,  when  approved  by  the  parties  of  the  second  part  to  proceed  to  erect 
upon  the  same  respectively  branch  libraries  for  circulation,  and  to  equip  the  same,  the  expense  thereof 
to  be  paid  from  funds  to  be  furnished  by  Andrew  Carnegie,  and  without  cost  to  the  City  of  New 
York. 

FOURTH:  The  party  of  the  first  part  further  agrees  adequately  to  provide  through  the 
Brooklyn  PubUc  Library  as  its  administrative  agent,  or  such  other  public  agency  as  may  be  here- 
after provided  by  law,  for  the  maintenance  of  the  free  public  branch  libraries  to  be  erected  pursuant 
to  this  agreement,  and  of  traveling  libraries,  in  said  city,  and  to  that  end  to  provide  in  each  year  in 
the  annual  budget  and  tax  levy  of  said  city  a  sum  not  less  than  ten  per  centum  of  the  amount 
expended  by  said  Andrew  Carnegie  under  the  provisions  of  said  Act,  which  sum  shall  be  expended 
for  the  maintenance  of  the  branch  libraries  to  be  hereafter  constructed  pursuant  to  this  contract, 
which  maintenance  shall  be  provided  for  said  libraries  to  be  hereafter  constructed  as  rapidly  as  the 
same  are  obtained;  and  in  case  a  library  building  is  under  construction,  maintenance  may  be  pro- 
vided therefor,  to  commence  when  constructed;  and  pro\'ided  further  that  the  obligation  hereby 
assumed  by  the  party  of  the  first  part  to  provide  for  such  maintenance  a  sum  not  less  than  ten  per 
centum  of  the  amount  so  expended  by  said  Andrew  Carnegie,  shall  not  be  taken  to  limit  the  right 
of  said  Board  of  Estimate  and  Apportionment  to  appropriate  for  such  maintenance  any  larger  sum 
if,  in  its  discretion,  additional  appropriations  should  be  required. 

FIFTH :  IT  IS  FURTHER  AGREED  that  the  said  several  branch  libraries  which  may  be  con- 
structed pursuant  to  the  provisions  of  said  Act,  and  each  of  them,  shall  be  accessible  at  all  reasonable 
hotirs  and  times,  free  of  expense,  to  the  persons  resorting  thereto,  subject  only  to  such  reasonable 
control  and  regulation  as  the  Brooklyn  Public  Library,  its  successors  or  successor,  from  time  to 
time,  may  exercise  and  estabHsh  for  general  convenience;  pro\'ided,  further,  that  the  lending, 
delivery,  and  one  or  more  reading  rooms  in  each  of  said  librarj^  buildings  shall  be  open  and  ac- 
cessible to  the  public  upon  every  day  of  the  week  except  Sunday,  but  including  all  legal  holidays, 
from  at  least  nine  o'clock  a.m.  to  at  least  nine  o'clock  p.m.,  imder  such  rules  and  regulations  as 
the  said  Brooklyn  Public  Library  shall  prescribe  from  time  to  time,  and  on  Sundays  such  parts  of 
any  of  such  Ubraries  may  be  opened  in  such  manner  and  during  such  hours  as  may  be  from  time  to 
time  determined  upon  by  said  Brooklyn  PubUc  Library,  or  its  successor. 

SIXTH :  The  library  building  so  to  be  constructed,  together  with  the  books  contained  therein, 
which  shall  be  purchased  with  funds  provided  by  said  Andrew  Carnegie,  or  by  funds  hereafter  pro- 
vided by  the  City  of  New  York,  shall  be  and  remain  the  property  of  the  City  of  New  York.  All 
fines  to  be  exacted  from  any  person  or  persons  shall  be  retained  by  the  Brooklyn  Public  Library  or 
its  successor  or  successors,  and  applied  to  the  business  of  circulation,  and  duly  accounted  for  in  its 
or  their  accounts. 

SEVENTH :  The  city  shall  annually,  in  addition  to  the  provision  for  maintenance  heretofore 
provided  for,  provide  fxmds  for  the  repair  of  the  several  buildings  located  upon  sites  owned  by  or 

lOI 


furnished  by  the  city.  The  city,  in  addition,  shall  at  all  times  furnish  a  supply  of  water,  and,  with 
the  limitations  already  defined,  the  Brooklyn  PubUc  Library,  or  its  successor,  shall  exercise  direction 
and  management  over  the  affairs  of  the  several  library  buildings,  and  the  books,  collections,  and 
appurtenances. 

EIGHTH:  IT  IS  FURTHER  AGREED  that  this  agreement  may  be  wholly  cancelled  or 
annulled,. or  from  time  to  time  altered  or  modified  as  to  any  one  or  more  of  the  library  buildings 
hereafter  to  be  constructed  or  owned  or  for  which  maintenance  is  provided  under  the  pro\dsions  of 
this  agreement,  as  may  be  agreed  upon  in  writing  betweent  he  parties  hereto,  subject  to  the  approval 
of  Andrew  Carnegie. 

NINTH:  In  the  event  of  the  death  of  any  of  the  parties  of  the  second  part  before  the  com- 
pletion of  the  construction  of  the  Public  Library  buildings  provided  for  in  this  contract,  the  work  of 
such  construction  and  completion  shall  be  carried  on  by  the  surviving  parties  of  the  second  part. 
A  majority  of  said  parties  of  the  second  part  shall  have  full  power  to  give  all  the  consents  and  make 
all  the  appraisals  referred  to  in  this  instrument.  The  said  parties  of  the  second  part  shall  be  con- 
sidered solely  as  the  agents  of  said  Andrew  Carnegie,  and  shall  be  subject  to  no  personal  liability 
to  the  party  of  the  first  part  for  the  completion  or  non-completion  of  this  contract. 

IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has  caused  this  agreement  to  be  executed 
by  the  Board  of  Estimate  and  Apportionment  of  the  City  of  New  York,  pursuant  to  a  resolution 
adopted  at  a  meeting  of  said  Board  of  Estimate  and  Apportionment  held  on  the  Uth  day  of  Sep- 
tember, 1901,  and  the  parties  of  the  second  part  have  hereunto  set  their  hands  and  seals  on  the  1 1th 
day  of  September,  1901. 

I  hereby  approve  the  foregoing  contract. 

Andrew  Carnegie. 
Skibo  Castle,  August  28,  1901. 
Witness:    J.  S.  Billings. 

(Signed)  David  A.  Boody, 

"        Daniel  W.  McWilliams, 
"        R.  Ross  Appleton, 
"        John  W.  Devoy. 
Signattires  of  Board  of  Estimate: 

Robert  A.  Van  Wyck,  Mayor. 
Bird  S.  Coler,  Comptroller. 
John  Whalen,  Corporation  Counsel. 
Randolph  Guggenheimer,  President  of  the  Council. 
Thomas  L.  Feitner,  President  Department  of  Taxes  and 

Assessments. 

Resolution  offered  by  Comptroller  to  Board  of  Estimate  and  Apportionment  on  September 
11,  1901,  "Approves  of  the  form,  terms,  and  conditions  of  the  proposed  contract  between  the  City 
"of  New  York  and  David  A.  Boody,  Daniel  W.  McWilliams,  R.  Ross  Appleton,  and  John  W.  Devoy, 
designed  to  carry  into  effect  the  offer  of  Andrew  Carnegie  of  the  City  of  New  York  to  furnish  the 
fimds  necessary  for  the  erection  of  buildings  for  free  branch  libraries  for  circulation  in  the  City 
of  New  York,  so  far  as  said  offer  applies  to  the  Borough  of  Brooklyn,  etc.,  etc. " 

Adopted  by  the  following  vote: 

Affirmative — The  Mayor,  Comptroller,  Acting  Corporation  Coimsel,  President  of  the  Council, 
and  President  of  the  Department  of  Taxes  and  Assessments. 

The  above  contract  was  then  duly  signed  by  the  above. 

APPENDIX    D 

Agreement  Entered  into  Between  The  City  of  New  York  and  the  Representatives 
OF  Andrew  Carnegie  for  the  Erection  of  Branch  Libraries  in  the  Borough  of  Queens,  1901. 

THIS  AGREEMENT,  made  and  concluded  this  Twenty-seventh  day  of  September,  in  the 
year  one  thousand  nine  hundred  and  one,  by  and  between  The  City  of  New  York,  by  the  Board 
of  Estimate  and  Apportionment  of  said  city,  party  of  the  first  part  and  Walter  G.  Frey,  Walter  L. 
Bogert  and  Philip  Frank,  parties  of  the  second  part,  witnesseth: 

102 


WHEREAS,  Andrew  Carnegie,  of  The  City  of  New  York,  has  heretofore  offered  to 
furnish  the  funds  necessary  for  the  erection  and  equipment  of  buildings  for  sixty-five  free  branch 
libraries  for  circulation  in  The  City  of  New  York,  estimated  in  all  to  cost  the  sxmi  of  five  million 
two  hundred  thousand  dollars  ($5,200,000),  being  an  average  cost  of  $80,000  each,  provided  The 
City  of  New  York  would  furnish  the  necessary  sites  for  such  buildings  and  agree  in  satisfactory 
form  to  provide  for  the  maintenance  of  said  branches  when  completed;  and 

WHEREAS,  The  said  Andrew  Carnegie  has  consented  that  the  number  of  said  free  branch 
public  Hbraries  be  increased  to  seventy  instead  of  sixty-five,  without,  however,  adding  to  the  total 
cost  of  the  whole  thereof,  and  that  the  five  additional  free  branch  public  libraries  thus  provided  for 
be  erected  in  the  Borough  of  Queens  in  addition  to  the  three  already  allotted  to  said  Borough,  said 
eight  free  branch  public  libraries  however  not  to  exceed  in  total  cost  of  construction  and  equipment 
the  sum  of  $240,000,  and  the  cost  of  no  one  of  said  eight  libraries  to  be  less  than  $20,000  nor  more 
than  $80,000,  and 

WHEREAS,  by  an  Act  of  the  Legislature  of  the  State  of  New  York,  approved  April  26th,  1901 , 
entitled  "An  Act  to  authorize  and  empower  The  City  of  New  York  to  estabUsh  and  maintain  a 
free  public  library  system,"  being  Chapter  580  of  the  Laws  of  1901,  the  Board  of  Estimate  and 
Apportionment  of  The  City  of  New  York  is  authorized  in  its  discretion  to  acquire  title  by  gift, 
condemnation  or  purchase  to  sites  for  free  branch  public  libraries  for  circulation,  with  the  approval 
of  the  person  or  corporation  with  whom  the  contract  is  made,  for  the  erection  of  buildings  thereon; 
and  whereby  such  Board  is  further  empowered  upon  the  terms  and  conditions  imposed  in  said  act 
to  authorize  the  use  of  any  real  estate  belonging  to  The  City  of  New  York  which  is  not  required  for 
other  public  purposes,  for  the  maintenance  and  erection  of  said  free  public  branches;  and  by  which 
act  the  said  Board  of  Estimate  and  Apportionment  is  fvirther  authorized  in  its  discretion  to  make  and 
enter  into  contracts  with  said  Andrew  Carnegie,  or  with  any  person  or  persons  designated  by  him 
or  with  his  personal  representative,  or  with  any  corporation  or  corporations  approved  by  him  or 
them  having  lawful  authority  to  construct  and  maintain  free  libraries,  for  the  erection  and  equip- 
ment, without  cost  to  The  City  of  New  York,  of  library  buildings  upon  such  sites  so  to  be  acquired, 
or  upon  sites  now  possessed  or  which  may  hereafter  be  possessed  by  any  corporation  with  which  such 
contract  is  made,  or  by  The  City  of  New  York,  and  which  Board  of  Estimate  and  Apportionment 
is  further  authorized  to  provide  in  such  contracts  for  the  maintenance  of  a  public  library  system  in 
The  City  of  New  York,  including  therein  the  maintenance  of  any  or  all  of  the  free  public  libraries 
now  existing  in  said  city  which  have  heretofore  been  maintained  in  whole  or  in  part  by  the  public 
funds  of  said  city,  as  well  as  for  the  maintenance  of  said  branch  libraries  so  to  be  erected  as  herein- 
before provided,  and  of  travelling  libraries  which  amoimts  required  for  maintenance  shall  constitute 
a  city  charge  to  be  provided  for  in  the  annual  budget  and  tax  levy  of  said  The  City  of  New  York, 
and  which  contracts  may  provide  for  the  maintenance  of  the  libraries  to  be  constructed  on  such  sites 
as  rapidly  as  the  same  may  be  obtained  and  library  buildings  are  erected  thereon,  and 

WHEREAS,  The  said  Walter  G.  Frey,  Walter  L.  Bogert  and  Philip  Frank  have  been  approved 
by  said  Andrew  Carnegie,  as  provided  in  said  act,  and  duly  designated  by  him  as  his  agents  for  the 
purposes  of  this  agreement,  and 

WHEREAS,  It  is  desired  by  the  said  party  of  the  first  part  to  avail  of  the  offer  of  said  Andrew 
Carnegie  upon  the  terms  provided  in  said  act  of  the  Legislature  hereinabove  referred  to,  and  upon 
the  terms  and  in  the  manner  herein  set  forth. 

NOW,  THEREFORE,  IT  IS  AGREED  between  the  said  parties  hereto  as  follows,  viz.: 

FIRST:  The  party  of  the  first  part  shall  proceed  to  acquire  title  by  gift,  purchase  or  by  con- 
demnation as  provided  in  said  act  hereinbefore  referred  to,  to  such  sites  as  shall  be  necessary  in  the 
Borough  of  Queens,  for  the  ptu-pose  of  the  erection  and  maintenance  thereon  of  free  branch  public 
libraries,  on  the  approval  in  each  case  of  the  said  parties  of  the  second  part  which  sites  so  to  be 
selected  and  approved  shall  not,  unless  by  mutual  consent,  exceed  in  number  eight  in  the  said 
Borough  of  Queens,  and  which  said  eight  free  branch  public  libraries  to  be  thereon  erected  and 
maintained,  shall  not  exceed  in  total  cost  of  construction  and  equipment  the  sum  of  $240,000,  the 
proportion  of  said  sum  of  $5,200,000  allotted  to  said  Borough ;  and  the  said  Board  of  Estimate  and 
Apportionment  of  The  City  of  New  York,  by  resolution  adopted  by  the  unanimous  vote  of  the 
Commissioners  of  the  Sinking  Ftmd  of  the  City  of  New  York,  and  on  the  approval  in  each  case  of 
the  said  parties  of  the  second  part,  may  aut'horize  the  use  of  any  real  estate  belonging  to  said  The 
City  of  New  York,  which  is  not  reqviired  for  other  public  purposes,  for  the  purpose  of  such  erection 
and  maintenance. 

I03 


SECOND:  The  said  parties  of  the  second  part  shall  upon  the  acquisition  of  title  to  any  site 
so  approved  as  aforesaid,  or  upon  the  passage  of  resolutions  as  aforesaid  by  the  unanimous  vote 
of  the  members  of  the  Board  of  Estimate  and  Apportionment  and  of  the  said  Commissioners  of 
the  Sinking  Fund  authorizing  the  use  of  any  real  estate  of  The  City  of  New  York,  not  required  for 
other  public  purposes,  proceed  with  the  erection  and  equipment  of  library  buildings  thereon,  with- 
out cost  to  The  City  of  New  York,  and  shall  complete  the  same  with  the  funds  so  to  be  contributed 
by  said  Andrew  Carnegie  as  aforesaid.  Such  sites  and  each  of  them  and  the  buildings  thereon, 
when  completed,  shall  be  devoted  to  the  maintenance  of  free  branch  public  circulating  libraries 
and  reading  rooms,  and  the  same  and  each  of  the  same  are  hereby  set  apart  for  use  as  free  branch 
public  libraries  for  circulation. 

THIRD:  The  party  of  the  first  part  further  agrees  to  adequately  provide  through  The 
Queens  Borough  Library  as  its  administrative  agent  or  such  other  public  agency  as  may  be  here- 
after provided  by  law,  for  the  maintenance  of  the  free  public  branch  libraries  to  be  erected  pursuant 
to  this  agreement,  and  of  travelling  libraries  in  said  city,  and  to  that  end  to  provide  in  each  year 
in  the  annual  budget  and  tax  levy  of  said  city  a  stun  not  less  than  ten  per  centum  of  the  amoimt 
expended  by  said  Andrew  Carnegie  under  the  provisions  of  said  act,  which  said  sum  shall  be  ex- 
pended for  the  maintenance  of  the  branch  libraries  to  be  hereafter  constructed  pursuant  to  this 
contract,  which  maintenance  shall  be  provided  for  said  libraries  to  be  hereafter  constructed  as 
rapidly  as  the  same  are  obtained;  and  in  case  a  library  building  is  imder  construction,  maintenance 
may  be  provided  therefor,  to  commence  when  constructed;  and  provided  fiuther  that  the  obliga- 
tion hereby  assimied  by  the  party  of  the  first  part  to  provide  for  such  maintenance  a  sum  not  less 
than  ten  per  centum  of  the  amount  so  expended  by  said  Andrew  Carnegie,  shall  not  be  taken  to 
limit  the  right  of  said  Board  of  Estimate  and  Apportionment  to  appropriate  for  such  maintenance 
any  larger  sum,  if  in  its  discretion  additional  appropriations  should  be  required. 

FOURTH:  IT  IS  FURTHER  AGREED,  that  the  said  several  branch  libraries  which  may 
be  constructed  pursuant  to  the  provisions  of  said  act,  and  each  of  them,  shall  be  accessible  at  all 
reasonable  hours  and  times,  free  of  expense,  to  the  persons  resorting  thereto,  subject  only  to  such 
reasonable  control  and  regvdation  as  The  Queens  Borough  Library,  its  successor  or  successors, 
from  time  to  time  may  exercise  and  establish  for  general  convenience;  provided  further  that  the 
lending,  delivery  and  one  or  more  reading-rooms  in  each  of  said  library  buildings  shall  be  open 
and  accessible  to  the  public  upon  every  day  of  the  week  except  Sunday,  but  including  all  legal 
holidays,  from  at  least  nine  o'clock  a.  m.  to  at  least  nine  o'clock  p.  u.,  tmder  such  rules  and 
regulations  as  the  said  Queens  Borough  Library  shall  prescribe  from  time  to  time,  and  on  Sundays 
such  parts  of  any  of  such  libraries  may  be  opened  in  such  manner  and  during  such  hours  as  may 
be  from  time  to  time  determined  upon  by  said  Queens  Borough  Library  or  its  successor. 

FIFTH :  The  library-  buildings  so  to  be  constructed,  together  with  the  books  contained  therein 
which  shall  be  purchased  with  fimds  provided  by  said  Andrew  Carnegie  or  by  funds  hereafter 
provided  by  The  City  of  New  York,  shall  be  and  remain  the  property  of  The  City  of  New  York. 
All  fines  to  be  exacted  from  any  person  or  persons  shall  be  retained  by  The  Queens  Borough  Li- 
brary or  its  successor  or  successors  and  applied  to  the  business  of  circulation  and  duly  accounted 
for  in  its  or  their  accotmts. 

SIXTH:  The  city  shall  annually,  in  addition  to  the  provision  for  maintenance  heretofore 
provided  for,  provide  funds  for  the  repair  of  the  several  buildings  located  upon  sites  owned  by  or 
furnished  by  the  city.  The  city,  in  addition,  shall  at  all  times  furnish  a  supply  of  water,  and  with 
the  limitations  already  defined  The  Queens  Borough  Library  or  its  successor  oi  successors  shall 
exercise  direction  and  management  over  the  affairs  of  the  several  library  buildings,  and  the  books, 
collections  and  appurtenances. 

SEVENTH :  IT  IS  FURTHER  AGREED  that  this  agreement  may  be  wholly  cancelled  or 
annulled,  or  from  time  to  time  altered  or  modified  as  to  any  one  or  more  of  the  library  buildings 
hereafter  to  be  constructed  or  owned  or  for  which  maintenance  is  provided  under  the  provisions 
of  this  agreement,  as  may  be  agreed  upon  in  writing  between  the  parties  hereto,  subject  to  the 
approval  of  said  ANDREW  CARNEGIE. 

EIGHTH:  In  the  event  of  the  death  of  any  of  the  parties  of  the  second  part  before  the 
completion  of  the  construction  of  the  public  library  buildings  provided  for  in  this  contract,  the 
work  of  such  construction  and  completion  shall  be  carried  on  by  the  surviving  parties  of  the  second 
part.  A  majority  of  said  parties  of  the  second  part  shall  have  full  power  to  give  all  the  consents 
and  make  all  the  approvals  referred  to  in  this  agreement.    The  said  parties  of  the  second  part 

104 


shall  be  considered  solely  as  the  agents  of  said  Andrew  Carnegie  and  shall  be  subject  to  no  per- 
sonal liability  to  the  party  of  the  first  part  for  the  completion  or  non-completion  of  this  agreement. 
IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has  caused  this  agreement  to  be  exe- 
cuted by  the  Board  of  Estimate  and  Apportiorraient  of  The  City  of  New  York  pursuant  to  a  reso- 
lution adopted  at  a  meeting  of  said  Board  of  Estimate  and  Apportioiunent  held  on  the  eleventh 
day  of  September,  1901,  and  the  parties  of  the  second  part  have  hereimto  set  their  hands  and 
seals  on  the  twenty-seventh  day  of  September,  1901. 

(Signed)  Robt.  A.  Van  Wyck, 
Mayor 
Bird  S.  Coler, 

Comptroller 
Randolph  Guggenheimer, 

President  of  the  Council 
John  Whalen, 

Corporation  Counsel 
Charles  L.  Feitner, 

President  of  the  Department  of 
Taxes  and  Assessments 
Walter  G.  Frey,  (Seal) 

Walter  L.  Bogert,       (Seal) 
Philip  Frank.  (Seal) 

This  proposed  contract  is  heartily  approved: 
.  (Signed)  Andrew  Carnegie, 
Skibo  Castle, 

August  28th,  1901. 
Witness: 

J.  S.  Billings.  Original  filed  in  the  office  of  the  Comptroller  of  The  City  of  New  York. 


APPENDIX     E 

Supplemental  Agreement  Entered  Into  Between  The  City  of  New  York  and  The 
New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  Increasing  the  Number 
of  Branch  Libraries  to  be  Erected  in  the  Boroughs  of  Manhattan,  The  Bronx  and  Rich- 
mond from  Forty-two  to  Fifty,  1902. 

THIS  AGREEMENT,  made  and  concluded  the  26th  day  of  March,  in  the  year  one  thousand 
nine  hundred  and  two,  by  and  between  THE  CITY  OF  NEW  YORK,  by  the  Board  of  Estimate 
and  Apportionment  of  said  city,  party  of  the  first  part,  and  THE  NEW  YORK  PUBLIC  LIBRARY, 
ASTOR,  LENOX  AND  TILDEN  FOUNDATIONS,  party  of  the  second  part,  Witnesseth: 

WHEREAS,  an  agreement  was  heretofore  made  and  concluded  between  the  parties  hereto, 
bearing  date  of  July  seventeenth,  in  the  year  one  thousand  nine  himdred  and  one,  in  relation  to 
the  offer  of  Andrew  Carnegie  to  furnish  the  funds  necessary  for  the  erection  of  buildings  for  sixty- 
five  free  branch  libraries  for  circulation  in  the  City  of  New  York,  estimated  in  all  to  cost  the  sum 
of  five  million  two  hundred  thousand  dollars  ($5,200,000)  being  an  average  cost  of  $80,000  each, 
provided  The  City  of  New  York  would  fiuTiish  the  necessary  sites  for  such  buildings  and  agree  to 
provide  for  the  maintenance  of  such  branches  when  completed,  and  which  said  agreement  was 
made  by  and  between  the  said  parties  hereto  in  pursuance  of  the  provisions  of  an  Act  of  the  Legis- 
lature of  the  State  of  New  York,  approved  April  26,  1901,  entitled  "An  Act  to  authorize  and  em- 
f)ower  the  city  of  New  York  to  establish  and  maintain  a  free  public  library  system,"  being  Chapter 
580  of  the  Laws  of  1901,  and  by  which  said  agreement  it  was  agreed  between  the  said  parties  hereto, 
among  other  things,  by  the  First  Article  of  the  said  agreement,  that  the  party  of  the  first  part 
hereto  shall  proceed  to  acquire  title  by  gift,  purchase,  or  by  condemnation,  as  provided  in  said 
Act,  to  such  sites  as  shall  be  necessary  in  the  Boroughs  of  Manhattan,  The  Bronx,  and  Richmond, 
for  the  piirpose  of  the  erection  and  maintenance  thereon  of  free  branch  public  libraries,  on  the 
approval  in  each  case  of  the  said  The  New  York  Public  Librar>',  Astor,  Lenox  and  Tilden  Founda- 
tions, which  sites  so  to  be  selected  and  approved  shall  not,  tmless  by  mutual  consent,  exceed  in 

105 


number  forty-two  in  the  said  Boroughs  of  Manhattan,  The  Bronx  and  Richmond,  the  proportion 
of  said  sixty-five  libraries  allotted  to  said  Boroughs;  and 

WHEREAS,  the  parties  hereto  believe  that,  in  view  of  the  sparsely  settled  condition  of  certain 
parts  of  the  said  Borough  of  Manhattan,  The  Bronx  and  Richmond,  it  would  be  of  great  benefit 
to  the  public  that  some  of  the  free  branch  libraries  to  be  erected  in  those  Boroughs  should  be  small 
buildings  costing  considerably  less  than  $80,000  each  for  their  erection  and  equipment,  and  that 
the  number  of  sites  which  may  be  selected  and  approved  as  aforesaid  for  free  branch  libraries  in 
the  said  Boroughs  should  therefore  be  increased  from  forty-two  to  fifty,  it  being  imderstood,  how- 
ever, that  in  such  event  the  aggregate  sum  to  be  furnished  by  the  said  Andrew  Carnegie  for  the  erec- 
tion and  equipment  of  the  said  fifty  free  branch  libraries  in  the  said  Boroughs  shall  not  exceed  the 
simi  contemplated  in  and  by  the  said  agreement  of  July  seventeenth,  1901,  to  be  expended  for 
the  erection  and  equipment  of  free  branch  libraries  upon  forty -two  sites;  and 

WHEREAS,  the  parties  hereto,  for  the  piuposes  aforesaid,  have  agreed  by  mutual  consent 
that  the  number  of  sites  which  may  be  selected  and  approved  for  free  branch  libraries  in  the  said 
Boroughs  of  Manhattan,  The  Bronx  and  Richmond  may  be  increased  in  number  from  forty-two 
to  not  exceeding  fifty  as  aforesaid,  and  the  said  increase  has  been  approved  by  the  said  Andrew 
Carnegie; 

NOW,  THEREFORE,  IT  IS  MUTUALLY  CONSENTED  AND  AGREED  by  and  between 
the  said  parties  hereto  as  follows,  namely : 

That  the  said  Contract  of  July  17th,  1901,  is  hereby  amended  so  as  to  permit  the  selection 
of  not  to  exceed  fifty  sites  in  the  Boroughs  of  Manhattan,  The  Bronx  and  Richmond,  instead  of 
forty-two  as  therein  recited,  provided  that  the  aggregate  cost  of  the  erection  and  equipment  of 
free  branch  libraries  upon  all  of  the  said  fifty  sites  in  the  said  Boroughs  of  Manhattan,  The  Bronx 
and  Richmond  shall  not  exceed  the  sum  contemplated  in  and  by  the  said  agreement  of  July  17th, 
1901,  to  be  expended  for  the  erection  and  equipment  of  free  branch  Hbraries  upon  forty-two  sites. 
IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has  caused  this  agreement  to  be  executed 
by  the  Board  of  Estimate  and  Apportionment  pursuant  to  a  resolution  adopted  at  a  meeting  held 
on  the  25th  day  of  March,  1902,  and  the  party  of  the  second  part  has  caused  this  agreement  to 
be  executed  by  its  President  and  its  official  seal  to  be  hereto  ciffixed  pursuant  to  a  resolution  of  the 
Trustees  of  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  adopted  at  a 
meeting  held  on  the  12th  day  of  March,  1902. 

(Signed)  Seth  Low, 

Mayor 
Edward  M.  Grout, 

Comptroller. 
C.  V.   FORNES, 

President  of  the  Board  of  Aldermen. 
Jacob  A.  Cantor, 

President  of  the  Borough  Manhattan. 
J.  Edw.  Swanstrom, 

President  of  the  Borough  of  Brooklyn 
Louis  F.  Haffen, 

President  of  the  Borough  of  the  Bronx. 
Jos.  Cassidy, 

President  of  the  Borough  of  Queens. 
George  Cromwell, 

President  of  the  Borough  of  Richmond. 
THE  NEW  YORK  PUBLIC  LIBRARY, 
ASTOR,  LENOX  AND  TILDEN  FOUNDATIONS: 
By  John  Bigelow, 

President. 
(Corporate  Seal.) 
Attest: 

Charles  Howland  Russell,    . 
Secretary. 
Approved, 

Andrew  Carnegie, 

New  York,  March  12,  1902. 

io6 


APPENDIX    F 

Laws  of  1902 

Chapter  606. 

AN  ACT  to  incorporate  the  Brooklyn  Public  Library  and  to  permit  libraries  in  the  borough  of 
Brooklyn  of  the  City  of  New  York  to  convey  their  property  thereto,  and  limiting  and  defining 
the  powers  thereof. 

Accepted  by  the  City 

Became  a  law,  April  15, 1902,  with  the  approval  of  the  Governor.     Passed,  three-fifths  being  present. 

As  ammended  Laws  of  1903.     Chapter  500. 
The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  The  following  named  persons,  to  wit:  The  mayor,  comptroller,  and  president 
of  the  borough  of  Brooklyn,  of  the  City  of  New  York,  by  virtue  of  their  offices,  together  with  twenty- 
two  additional  persons,  eleven  to  be  appointed  by  the  mayor  of  the  City  of  New  York  from  the 
trustees  of  the  corporation  of  the  Brooklyn  Library,  in  the  borough  of  Brooklyn,  in  said  city,  and 
eleven  to  be  appointed  in  like  manner  from  the  directors  of  the  Brooklyn  Public  Library,  in  the  said 
Borough  of  Brooklyn  are  hereby  constituted  a  body  politic  and  corporate  tmder  and  by  the  name  of 
"the  Brooklyn  Public  Library, "  for  the  purpose  of  constructing  and  maintaining  libraries  and  a  free 
public  library  system  in  the  Borough  of  Brooklyn  of  the  City  of  New  York.  The  said  corporation 
shall  have  and  exercise  all  the  powers  now  possessed  by  membership  and  library  corporations  under 
the  general  laws  of  the  State  of  New  York  and  such  other  laws  of  this  state  as  may  at  any  time  be 
applicable  thereto  and  may  by  its  by-laws  fix  and  determine  a  quorum  of  its  membership  for  the 
transaction  of  business.  It  shall  be  capable  of  taking  and  holding  for  its  uses  and  purposes,  by  pur- 
chase, gift,  grant  or  devise,  any  property  and  estate,  both  real  and  personal,  without  limit  as  to  the 
value  and  amount  thereof. 

Section  2:  Upon  the  designation  and  appointment  of  members  of  the  said  corporation  by 
the  mayor  of  the  City  of  New  York,  as  above  provided,  the  said  corporation  shall  organize  by  the 
adoption  of  by-laws  and  the  election  of  officers,  and  it  shall  proceed  to  divide  the  membership  thereof 
other  than  the  city  officials  who  are  members  ex-officio,  by  lot  into  five  classes  as  nearly  equal  as 
may  be.  The  term  of  office  of  the  first  of  said  classes  shall  expire  one  year  from  and  after  the  date 
fiixed  by  the  by-laws  of  said  corporation  for  its  annual  meeting  in  the  year  nineteen  hundred  and 
three;  the  term  of  office  of  the  second  of  said  classes  shall  expire  two  years  from  said  date;  the  term 
of  office  of  the  third  of  said  classes  shall  expire  three  years  from  said  date ;  the  term  of  office  of  the 
fourth  of  said  classes  shall  expire  four  years  from  said  date,  and  the  term  of  office  of  the  fifth  of  said 
classes  shall  expire  five  years  from  said  date.  Beginning  with  the  annual  meeting  in  nineteen  hun- 
dred and  three  the  term  of  office  for  which  a  member  shall  be  appointed  or  elected  shall  not  exceed 
three  years,  but  any  member  shall  be  eligible  for  re-appointment  or  re-election.  Vacancies  occurring 
in  cases  of  those  originally  appointed  pursuant  to  section  one  of  this  act,  from  the  directors  of  the 
Brooklyn  Public  Library  and  of  their  successors,  shall  be  filled  by  appointment  by  the  mayor  of  the 
City  of  New  York  on  such  date  as  may  be  fixed  by  the  by-laws  for  the  annual  meeting  or  within  thirty 
days  thereafter,  or  in  cases  of  such  vacancies  existing  otherwise  than  by  expiration  of  a  term,  within 
thirty  days  after  their  occurrence.  Membership  in  this  corporation  shall  not  operate  to  vacate 
any  non-salaried  city  office.  In  case  of  vacancies  occurring  otherwise  than  by  the  expiration  of  a 
term,  such  vacancies  shall  be  filled  for  the  unexpired  term.  Vacancies  occurring  in  cases  of  members 
originally  appointed  pursuant  to  section  one  of  this  act,  from  the  trustees  of  the  corporation  of  the 
Brooklyn  library,  and  in  cases  of  their  successors,  shall,  until  January  first,  nineteen  hundred  and 
twenty-nine,  be  filled  by  election  by  the  remaining  members  so  originally  appointed  and  their 
successors,  who  shall  separately  convene  for  such  purpose,  a  majority  being  a  quorum,  at  such 


date  as  may  be  fixed  by  the  by-laws  for  the  annual  meeting,  or  within  thirty  days  thereafter,  or 
for  the  purpose  of  filling  a  vacancy  existing  otherwise  than  by  expiration  of  a  term  within  thirty 
days  after  its  occurrence.  After  January  first,  nineteen  hundred  and  twenty-nine,  such  vacancies 
shall  be  filled  by  appointment  of  the  mayor  unless  otherwise  provided  by  the  legislature.  The  said 
corporation  shall  make  and  publish  an  annual  report  in  detail  of  its  proceedings  and  transactions  for 
each  year,  including  a  full  and  detailed  statement  of  its  revenues  and  expenses,  and  it  shall  furnish 
copies  thereof  to  the  Board  of  Estimate  and  Apportionment  of  the  City  of  New  York. 

Section  3 :  The  said  corporation  is  hereby  declared  to  be  a  corporation  with  which  the  City 
of  New  York  may  contract  for  the  construction  and  maintenance  of  free  libraries  within  the  meaning 
of  chapter  five  hundred  and  eighty  of  the  laws  of  nineteen  himdred  and  one,  and  the  said  corporation 
may,  with  the  consent  of  Andrew  Carnegie,  or  of  his  legal  representatives  and  of  the  persons  hereto- 
fore designated  by  him  as  his  personal  representatives  for  the  construction  of  free  libraries  in  the 
said  borough  of  Brooklyn  of  the  City  of  New  York,  and  with  the  consent  of  the  Board  of  Estimate 
and  Apportionment  of  the  City  of  New  York,  be  substituted  in  any  contract  heretofore  made  be- 
tween the  said  personal  representatives  of  said  Andrew  Carnegie  and  the  said  City  of  New  York  for 
the  construction  of  public  libraries,  as  successor  to  and  in  place  of  the  persons  named  in  such  con- 
tract as  personal  representatives  of  said  Andrew  Carnegie  to  contract  with  said  city;  and  thereupon 
the  said  corporation  shall  succeed  to  and  possess  all  powers  and  be  subject  to  all  responsibilities 
theretofore  appertaining  to  the  said  designated  representative  of  Andrew  Carnegie,  under  and  by 
virtue  of  any  such  contract. 

Section  4:  The  Board  of  Estimate  and  Apportionment  of  the  said  City  of  New  York  is 
further  authorized  and  empowered  to  contract  with  the  said  corporation  for  the  maintenance  of  the 
free  public  library  system  in  the  Borough  of  Brooklyn  of  said  city,  including  therein  the  maintenance 
of  all  free  public  libraries  now  existing  in  said  borough  which  are  now  maintained  in  whole  or  in  part 
by  the  public  fimds  of  the  city.  The  amounts  required  for  slich  maintenance  shall  constitute  a 
city  charge,  to  be  provided  for  in  the  annual  budget  and  tax  levy  of  said  city.  The  said  City  of 
New  York  is  further  authorized  and  empowered  to  transfer  and  convey  to  the  said  corporation,  to 
be  held  and  used  by  it  for  free  public  library  purposes  in  the  said  Borough  of  Brooklyn,  all  books, 
furniture,  and  other  property  owned  and  held  by  the  said  City  of  New  York  in  the  several  free 
pubUc  libraries  now  maintained  by  it  and  administered  by  the  Board  of  Directors  of  the  Brooklyn 
Public  Library. 

Section  5:  In  the  event  of  the  execution  of  a  contract  between  the  City  of  New  York  and  the 
corporation  hereby  created  for  the  control  and  direction  of  the  free  library  system  in  the  Borough 
of  Brooklyn,  any  sum  or  sums  of  money,  or  the  imexpended  portion  thereof,  appropriated  prior  to 
the  passage  of  this  act  by  the  Board  of  Estimate  and  Apportionment  of  the  said  City  of  New  York  for 
the  maintenance  and  support  for  the  year  nineteen  hundred  and  two  of  free  public  libraries  in  the 
said  Borough  of  Brooklyn  of  said  city,  which  libraries  are  now  or  have  heretofore  been  administered 
by  the  said  Board  of  Directors  of  the  Brooklyn  Public  Library  in  said  city,  are  hereby  declared  to  be 
applicable  to  the  support  of  the  free  public  library  system  to  be  controlled  and  directed  by  the  cor- 
poration hereby  created.  The  entire  amount  of  any  annual  appropriation  made  by  the  Board  of 
Estimate  and  Apportionment  of  the  said  City  of  New  York  for  the  conduct  and  maintenance  of 
free  public  libraries  in  the  Borough  of  Brooklyn  shall  be  disbursed  and  paid  over  from  time  to  time 
to  the  corporation  hereby  created,  by  the  comptroller  of  the  said  City  of  New  York,  upon  submission 
to  him  of  proper  vouchers,  in  form  to  be  approved  by  the  said  comptroller,  for  obligations  inciured 
or  moneys  expended  for  the  uses  and  purposes  of  the  said  free  library  system,  such  as  the  corpora- 
tion hereby  created  is  authorized  by  law  to  inctu-  or  expend. 

Section  6:  Upon  the  completion  of  the  organization  of  the  said  corporation  hereby  created, 
by  the  appointment  of  its  membership  and  the  election  of  its  officers,  and  upon  the  making  and 
execution  of  a  contract  by  the  Board  of  Estimate  and  Apportionment  of  the  City  of  New  York 
with  the  said  corporation,  for  the  direction  and  maintenance  by  it  of  the  free  public  libraries  of  the 
Borough  of  Brooklyn  aforesaid,  the  powers  and  duties  heretofore  exercised  by  the  Board  of  Directors 
of  the  Brooklyn  Public  Library  as  constituted  by  chaptei  four  hvmdred  and  forty-one  of  the  laws 
of  eighteen  hundred  and  ninety-two  and  by  chapter  four  hundred  and  ninety-seven  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  and  by  any  other  acts  amendatory  or  supplemental  thereto, 
together  with  the  officers  of  the  said  directors,  shall  cease  and  determine.    All  power  and  authority 

io8 


heretofore  given  by  said  acts  to  the  said  Board  of  Directors  of  the  Brooklyn  Public  Library  shall 
thereafter  vest  in  the  corporation  hereby  created.  All  acts  authorized  by  the  said  City  of  Brooklyn 
or  by  the  City  of  New  York  as  successor  thereto,  in  respect  to  the  issuance  of  public  library  bonds  of 
the  City  of  Brooklyn  for  purposes  specified  in  said  acts  of  eighteen  hundred  and  ninety-two  and  of 
eighteen  hundred  and  ninety-seven,  are  hereby  continued  and  confirmed  in  the  City  of  New  York, 
for  the  purposes  of  the  public  Hbrary  system  of  said  Borough  of  Brooklyn,  as  conducted  by  the  cor- 
poration hereby  created. 

Section  7 :  Any  corporation  now  or  hereafter  organized  under  the  laws  of  the  State  of  New 
York,  whether  incorporated  by  general  or  special  act,  or  by  the  regents  of  the  university  of  the 
State  of  New  York,  or  otherwise,  and  maintaining  or  carrying  on  a  library  in  the  Borough  of  Brook- 
lyn, is  hereby  authorized  and  empowered  to  grant,  convey,  assign,  and  transfer  any  or  all  the  real  and 
personal  property  of  which  it  may  be  seized  or  possessed,  to  the  corporation  hereby  created,  upon 
such  terms,  conditions  or  limitations  as  may  be  agreed  upon  between  the  two  corporations. 

Section  8:  Upon  the  transfer  and  conveyance  by  any  corporation  maintaining  or  carrying 
on  a  hbrary  in  the  Borough  of  Brooklyn  of  its  entire  property  and  estate  to  the  corporation  hereby 
created  as  hereinbefore  provided,  and  upon  the  making  and  filing  in  the  office  of  the  clerk  of  the 
Cotmty  of  Kings  of  a  certificate  signed  by  a  majority  of  the  directors  or  trustees  of  such  corporation 
and  sworn  to  by  the  president  or  vice-president  and  secretary  thereof  setting  forth  the  facts  of  such 
transfer  and  conveyance,  a  copy  of  which  certificate  shall  be  filed  in  the  office  of  the  secretary  of 
state  of  the  State  of  New  York  and,  in  the  case  of  a  corporation  created  by  act  of  the  regents  of 
the  university  of  the  State  of  New  York,  in  the  office  of  the  said  regents  of  the  university,  such 
corporation  so  transferring  its  entire  property  and  estate  shall  be  dissolved  and  its  corporate 
existence  terminated. 

Section  9:    This  act  shall  take  effect  immediately. 


APPENDIX    G 

Agreement  Entered  into  Between  The  City  of  New  York  and  the  Brooklyn  Public 
Library,  Providing  that  the  Obligations  of  the  Representatives  of  Andrew  Carnegie 
BE  Transferred  to  The  Brooklyn  Public  Library,  and  Further  that  the  City  Pay  Such 
Sums  Toward  the  Maintenance  of  The  Brooklyn  Public  Library  as  Were  Agreed  Upon  in 
THE  1901  Carnegie  Agreement  Together  with  Such  Additional  Sums  as  are  Necessary 
FOR  THE  Proper  Maintenance  of  Libraries  Previously  under  the  Administration  of  The 
Brooklyn  Public  Library,  1903. 

This  Agreement,  made  and  concluded  this  5th  day  of  June  in  the  year  one  thousand  nine 
hvmdred  and  three,  by  and  between  the  City  of  New  York,  by  the  Board  of  Estimate  and  Appor- 
tionment of  said  city,  party  of  the  first  part,  and  The  Brooklyn  Public  Library,  a  corporation 
organized  under  the  act.  Chapter  606  of  the  Laws  of  1902,  party  of  the  second  part,  witnesseth: 

WHEREAS,  The  corporation  known  as  the  Brooklyn  Library,  existing  under  special  act  of  the 
Legislature,  as  amended  and  revised  by  Chapter  347  of  the  Laws  of  1900,  actuated  by  a  desire  to 
promote  the  public  welfare  and  to  make  its  library  property  a  part  of  the  free  public  library  system 
of  the  Borough  of  Brooklyn  and  of  the  City  of  New  York,  heretofore  proposed  to  the  municipal 
authorities  of  said  city,  that  in  the  event  of  the  incorporation  of  the  Brooklyn  Public  Library  and  of 
a  contract  ^^nth  the  city  for  maintenance  thereof,  pursuant  to  the  provisions  of  chapter  606  of  the 
Laws  of  1902,  as  amended  by  chapter  500  of  the  Laws  of  1903,  the  said  Brooklyn  Library  woidd 
transfer  and  convey  to  said  corporation  last  named  its  library  property  upon  certain  conditions, 
which  should  assure  the  fulfillment  of  various  trust  obligations  which  it  had  come  under  and  of 
certain  special  privileges  acquired  by  certain  donors  and  members ;  and 

WHEREAS,  The  real  estate  of  said  Brooklyn  Library  on  Montague  and  Pierrepont  streets, 
in  the  Borough  of  Brooklyn,  is  estimated  to  be  fairly  worth  the  sum  of  five  hundred  thousand 
($500,000)  dollars,  and  its  collection  of  books,  with  the  arrangement  and  cataloguing  thereof,  is 
estimated  to  be  fairly  worth  the  sum  of  three  hundred  and  fifty  thousand  ($350,000)  dollars,  and 

109 


WHEREAS,  With  a  view  to  protecting  its  light  and  to  provide  for  growth  and  expansion, 
said  Brooklyn  Library  has  secured  title  to  certain  real  estate  on  Pierrepont  street  and  Montague 
street,  adjacent  to  its  library  building  proper,  all  of  which  property  is  subject  to  certain  mortgages 
of  not  exceeding  one  hundred  and  sixty-five  thousand  ($165,000)  dollars,  which  property  is  now  in 
part  rented  to  tenants,  but  the  most  or  all  of  which  is  likely  to  be  required  for  actual  hbrary  uses 
in  carrying  out  this  contract;  and 

WHEREAS,  The  said  Brooklyn  Library  proposes  to  execute  a  conveyance  to  said  Brooklyn 
Public  Library  in  pursuance  of  its  said  proposition  upon  certain  conditions  therein  recited,  to  which 
reference  is  hereby  made  as  if  said  conveyance  was  herein  fully  set  forth;  and 

WHEREAS,  Said  Brooklyn  Public  Library  is  declared  by  Section  3  of  said  act.  Chapter  606  of 
the  Laws  of  1902,  to  be  a  corporation  with  which  the  City  of  New  York  may  contract  for.  the  con- 
struction and  maintenance  of  free  libraries  within  the  meaning  of  Chapter  580  of  the  Laws  of  1901 
upon  the  conditions  therein  set  forth ;  and 

WHEREAS,  It  is  fiirther  provided  by  Section  4  of  said  act.  Chapter  606  of  the  Laws  of  1902, 
that  the  Board  of  Estimate  and  Apportionment  of  said  City  of  New  York  is  authorized  and  empow- 
ered to  contract  with  the  said  Brooklyn  Public  Library  for  the  maintenance  of  the  free  public  library 
system  in  the  Borough  of  Brooklyn  of  said  city,  including  therein  the  maintenance  of  all  free  public 
libraries  now  existing  in  said  Borough  which  at  the  passage  of  said  act  were  maintained  in  whole  or 
in  part  by  the  public  funds  of  the  city;  and 

WHEREAS,  It  is  deemed  to  be  for  the  best  interests  of  the  public,  that  the  powers  given  by 
said  Act,  Chapter  606  of  the  Laws  of  1902,  as  amended  by  Chapter  500  of  the  Laws  of  1903,  be  availed 
of  and  that  the  public  thereby  get  the  benefits  of  the  use  of  said  Library  property  of  said  Brooklyn 
Library. 

NOW  THEREFORE,  in  consideration  of  the  premises  and  of  the  mutual  covenants  herein,  it  is 
agreed  between  the  said  parties  as  follows: 

First:  In  the  event  that  Andrew  Carnegie,  and  that  David  A.  Boody,  Daniel  W.  McWilliams, 
R.  Ross  Appleton  and  John  W.  Devoy,  the  personal  representatives  of  the  said  Andrew  Carnegie, 
who  on  his  behalf  became  parties  to  an  agreement  heretofore  entered  into  with  the  Board  of  Estimate 
and  Apportionment  of  the  City  of  New  York  and  dated  September  11,  1901,  upon  the  footing  of  an 
act  of  the  Legislature,  Chapter  580  of  the  Laws  of  1901,  consent  thereto,  said  Brooklyn  Public 
Library  agrees  to  perform  all  the  obligations  of  the  said  personal  representatives  of  said  Andrew 
Carnegie  as  their  successors  imder  said  agreement,  and  to  carry  out  and  perform  any  and  all  contracts 
entered  into  by  said  parties  imder  said  agreement  of  September  11,  1901. 

Second:  The  said  Brooklyn  Public  Library  agrees  to  administer  the  free  public  libraries  now 
existing  in  the  Borough  of  Brooklyn  and  upon  the  completion  of  the  public  branch  Hbraries  to  be 
erected  pursuant  to  said  agreement  of  September  11,  1901,  it  agrees  to  administer  the  same  and  to 
apply  to  their  maintenance  the  svmis  to  be  appropriated  therefore  by  the  City  of  New  York,  pur- 
suant to  the  provisions  of  said  agreement  and  of  said  Act,  Chapter  580  of  the  Laws  of  1901,  and  it 
agrees  to  so  administer  and  maintain  the  said  Hbraries  that  they  shall  be  accessible  at  all  reasonable 
hours  and  times,  including  reasonable  hours  on  Sundays  and  holidays,  free  of  expense  to  the  persons 
resorting  thereto  for  reference  and  for  taking  out  books,  subject  to  such  reasonable  control  and 
regulations  as  the  Brooklyn  PubUc  Library,  party  of  the  second  part,  may  from  time  to  time  estab- 
lish for  general  convenience.  And  such  free  use  being  subject  to  such  reasonable  fines  and  penalties 
as  may  be  imposed  by  said  Brooklyn  Pubhc  Library  for  violation  of  its  rules  and  regiilations. 

Third:  The  said  Brooklj^n  Public  Library,  party  of  the  second  part,  further  agrees  that  it 
will  administer  the  Library  property  acquired  from  said  Brooklyn  Library,  and  any  other  librar>' 
properties  acquired  by  it,  as  part  of  said  free  library  system,  subject  to  such  limitations,  if  any,  as 
may  be  compelled  by  the  observance  of  the  conditions  in  said  deed  of  the  Brooklyn  Library  to  said 
Brooklyn  Public  Library  above  mentioned,  and  to  the  conditions  imposed  by  any  deeds  or  bequests 
of  the  properties  acquired;  it  being,  however,  agreed  and  understood  that  the  said  BrookljTi  Public 
Library  in  its  administration  shall  be  empowered  in  the  exercise  of  its  judgment  and  in  its  discretion 
to  determine  what  books  shall  be  purchased,  and  what  books  shall  be  the  subject  of  circulation,  and 
what  books  shall  be  available  for  reference  only,  and  what  building  or  bviildings,  including  the  real 
estate  hereafter  acquired  by  lease  or  piu-chase  shall  be  specially  set  apart  as  a  reference  library  or 
reference  libraries. 

izo 


And  it  being  agreed  and  understood  that  the  said  reference  libraries  shall  be  open  upon  such  days 
and  at  such  hours  and  under  such  regulations  as  the  Brooklyn  Public  Library  may  prescribe. 

Fourth:  The  city,  the  party  of  the  first  part,  hereby  agrees  that,  in  addition  to  the  amount  it 
is  obligated  to  pay  and  appropriate  under  the  agreement  of  September  11 , 1 901 ,  above  referred  to  and 
pursuant  to  the  provisions  of  the  Act,  Chapter  580  of  the  Laws  of  1901,  it  will  appropriate  and  pay 
for  the  maintenance  and  support  of  said  Brooklyn  Public  Library  such  sums  as  may  be  requisite 
for  the  proper  maintenance  of  the  libraries  heretofore  under  the  administration  of  the  Board  of 
Directors  of  the  Brooklyn  Public  Library,  and  of  the  corporation  "The  Brooklyn  Library,"  above 
mentioned  such  amounts  to  constitute  a  city  charge,  and  to  be  provided  for  in  the  annual  budget  and 
tax  levy  of  the  city.  It  is,  however,  agreed  and  understood,  as  provided  in  Section  5  of  Chapter  006, 
of  the  Laws  of  1902,  that  the  entire  amount  of  the  annual  appropriation  made  by  the  Board  of 
Estimate  and  Apportionment  of  the  City  of  New  York  for  the  conduct  and  maintenance  of  free 
public  libraries  in  the  Borough  of  Brooklyn,  shall  be  disbursed  and  paid  from  time  to  time  by  the 
Comptroller,  upon  submission  to  him  of  proper  vouchers,  in  form  to  be  approved  by  him,  for  obliga- 
tions incurred  or  moneys  expended  for  the  use  and  purposes  of  the  said  free  libiary  system. 

Fifth  :  Upon  the  execution  of  this  contract,  the  free  public  libraries  of  the  Borough  of  Brooklyn 
heretofore  existing  and  heretofore  administered  by  the  Board  known  as  the  Directors  of  the  Brooklyn 
Public  Library,  shall,  as  to  their  maintenance  and  administration,  be  and  they  hereby  are  devolved 
upon  the  said  Brooklyn  Public  Library.  And  the  said  corporation,  party  of  the  second  part,  shall 
receive  for  the  piupose  of  such  maintenance  and  administration  any  unexpended  balances  of  moneys 
heretofore  appropriated  for  the  Brooklyn  Public  Library. 

Sixth:  It  is,  however,  agreed  and  understood  that  the  title  of  library  property  in  said  Borough 
of  Brooklyn  heretofore  vested  in  the  city  as  part  of  said  free  library  system  shall  remain  in  said  city, 
and  all  books  and  other  personal  property  hereafter  purchased  by  said  Brooklyn  Public  Library  out 
of  moneys  appropriated  by  said  City  for  the  maintenance  of  said  free  Ubrary  system  shall  be  and 
remain  the  property  of  the  City,  and  shall  be  so  marked  or  identified  and  designated. 

THE  BROOKLYN  PUBLIC  LIBRARY,  party  of  the  second  part,  agrees  that  it  will  not  pay 
any  salaries  or  compensation  to  any  of  the  members  of  its  corporate  board,  or  to  any  corporate  officers 
who  are  members  of  said  board,  all  of  whom  are  to  render  their  services  without  compensation.  It 
further  agrees  that  it  will  not  pay  any  salaries  or  wages  except  for  services  rendered  in  the  adminis- 
tration of  said  library  system  and  incident  to  the  care  and  protection  of  its  property.  For  the  pur- 
poses of  this  agreement,  however,  it  is  understood  that  any  taxes  and  assessments  upon  any  of  the 
prop>erty  of  said  Brooklyn  Public  Library,  insurance  charges,  interest  upon  mortgages  above  recited 
and  reasonable  cost  of  repairs  are  to  be  regarded  as  part  of  the  cost  of  maintenance  of  the  said  free 
library  system.  It  is  also  vtnderstood  and  agreed  that  the  said  Brooklyn  Public  Library  may  dispose 
of  mutilated  and  worn  out  books,  papers  and  pamphlets,  and  of  duplicates  and  other  books  not 
needed.  But  it  will  apply  any  and  all  moneys  received  therefor  to  the  purchase  of  other  books, 
papers  and  pamphlets  to  be  used  in  said  free  library  system,  and  it  will  account  therefor  to  the 
Comptroller  of  the  city.  All  books  purchased  by  said  Brooklyn  Public  Library,  party  of  the  second 
part,  from  the  proceeds  of  property  transferred  to  it  by  the  Brooklyn  Library  or  by  other  individuals 
or  corporations,  are  to  be  the  property  of  said  Brooklyn  Public  Library,  but  are  to  be  devoted  to  the 
free  use  of  the  public  as  above  provided,  for  reference  and  circulation,  subject  to  the  reasonable  rules 
and  regulations  of  said  Brooklyn  Public  Library  and  subject  to  the  conditions  of  any  grants  or 
bequests. 

Seventh:  It  is  further  understood  that  this  agreement  may  be  from  time  to  time  altered 
or  modified  as  may  be  agreed  upon  in  writing  between  the  parties  hereto;  provided,  however,  that 
such  alteration  or  modification  shall  be  assented  to  by  a  vote  of  three-quarters  in  number  of  the 
full  Board  of  the  said  Brooklyn  Public  Library,  and  that  in  so  far  as  the  said  Brooklyn  Public 
Library,  party  of  the  second  part,  may  be  made  the  successor  of  the  said  personal  representatives 
of  Andrew  Carnegie,  in  the  agreement  dated  September  11,  1901,  this  agreement  is  subject  to  such 
changes  and  modifications  as  it  is  provided  in  said  agreement  may  be  made  between  the  parties 
thereto,  subject  to  the  approval  of  said  Andrew  Carnegie. 

IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has  caused  this  agreement  to  be 
executed  by  the  Board  of  Estimate  and  Apportionment  of  The  City  of  New  York,  pursuant  to  a 


resolution  adopted  at  a  meeting  of  said  Board  of  Estimate  and  Apportionment,  held  on  the  fifth 
day  of  June,  1903,  and  the  party  of  the  second  part  has  hereunto  caused  its  seal  to  be  affixed  and 
the  execution  thereof  attested  by  its  officers,  the  5th  day  of  June,  1903,  City  of  New  York,  by  the 
Board  of  Estimate  and  Apportionment. 

(Signed)  Seth  Low, 

Mayor. 
Edward  M.  Grout, 

Comptroller. 
James  H.  McInnes, 

A  ding  Pres.  of  the  Board  of  A  Idermen. 
Jacob  A.  Cantor, 

Pres.  of  the  Borough  of  Manhattan. 
J.  Edward  Swanstrom, 

Pres.  of  the  Borough  of  Brooklyn. 
Louis  E.  Haffen, 

Pres.  of  the  Borough  of  The  Bronx. 


Pres.  of  the  Borough  of  Richmond. 
Jos.  Cassidy, 

Pres.  of  the  Borough  of  Queens. 
David  A.  Boody, 

Pres.  of  the  Brooklyn  Public  Library. 
(Seal.) 

Attest: 

Harrington  Putnam,  Acting  Secretary. 

This  contract  is  approved  as  to  form. 

G.  L.  Rives,  Corporation  Counsel. 

Agreement  between  The  City  of  New  York,  through  the  Board  of  Estimate  and  Apportion- 
ment, and  The  Brooklyn  Public  Library. 

June  11th,  the  contract  was  signed  by  the  Mayor  and  Comptroller,  witnessed  by  Frank  P. 
Hill,  Librarian. 

June  12th,  the  signatures  of  James  H.  McInnes,  Acting  President  of  the  Board  of  Aldermen, 
Jacob  A.  Cantor,  President  of  the  Borough  of  Manhattan,  J.  Edward  Swanstrom.  President  of 
the  Borough  of  Brooklyn,  Louis  P.  Haffen,  President  of  the  Borough  of  The  Bronx,  Josejjh  Cassidy, 
President  of  the  Borough  of  Queens,  were  obtained,  witnessed  by  Frank  P.  Hill,  Librarian. 

On  the  same  date  the  signature  of  David  A.  Boody,  President  of  The  Brooklyn  Public  Library, 
was  obtained,  and  the  seal  was  affixed  on  the  same  date. 


Sworn  to  before  me,  this  12th  day  of  June,  1903. 

(Signed)  William  A.  Bardwell. 


(Signed)  Frank  P.  Hill,  Librarian. 


112 


APPENDIX  H 

AN  ACT  TO  Amend  Chapter  Five  Hundred  and  Eighty  of  the  Laws  of  Nineteen 
Hundred  and  One,  Entitled  "An  Act  to  Authorize  and  Empower  The  City  of  New  York 
TO  Establish  and  Maintain  a  Free  Public  Library  System,"  in  Relation  to  Contracts 
with  the  Trustees  of  Certain  Public  Libraries  in  The  City  of  New  York. 

Passed  22  April,  1905. 

Laws  of  1905.     Chapter  296. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact  as  follows: 

Section  L  Section  two  of  chapter  five  hundred  and  eighty  of  the  laws  of  nineteen  hundred 
and  one,  entitled  "An  act  to  authorize  and  empower  the  city  of  New  York  to  establish  and  main- 
tain a  free  public  library  system,"  is  hereby  amended  to  read  as  follows: 

Section  IL  The  board  of  estimate  and  apportionment  of  the  city  of  New  York  is  hereby 
authorized  in  its  discretion  to  make  and  enter  into  contracts  with  the  said  Andrew  Carnegie  or 
with  any  person  or  persons  designated  by  him  or  with  his  personal  representatives,  or  with  any 
corporation  or  corporations  approved  by  him  or  them  having  lawful  authority  to  construct  and 
maintain  free  libraries,  which  contracts  may  provide  for  the  erection  and  equipment,  without  cost 
to  the  city  of  New  York,  of  library  buildings  upon  the  sites  so  acqviired,  or  upon  other  sites  now 
possessed  or  which  may  be  possessed  by  such  corporation  or  by  the  city  of  New  York.  Every 
such  contract  with  the  said  corporation  shall  provide  for  the  use  and  occupation  of  the  buildings 
thereafter  erected,  in  compliance  with  the  terms  of  such  contract  by  the  corporation  by  which 
such  contract  is  made,  and  for  the  establishment  and  maintenance  in  each  of  them  of  a  free  branch 
public  drcxilating  library  and  reading  room,  and  every  such  contract  may  provide  that  such  use 
and  occupation  shall  continue  so  long  as  the  said  corporation  with  which  it  is  made  shall  main- 
tain such  free  branch  public  libraries  and  reading  rooms  upon  the  said  sites  respectively.  The 
said  board  of  estimate  and  apportionment  is  hereby  further  authorized  and  empowered  in  its  dis- 
cretion to  make  and  enter  into  contracts  with  the  trustees  of  the  New  York  Public  Library,  the 
Brooklyn  Public  Library,  and  the  Queens  Borough  Library,  respectively,  obligating  the  city  of 
New  York  at  its  own  expense  to  make  good  any  damage  to  the  library  buildings  that  may  be 
erected  pursuant  to  this  act  or  to  their  contents  by  fire  or  otherwise;  and  it  shall  be  the  duty  of 
the  said  board  of  estimate  and  apportionment  to  cause  to  be  made  at  the  expense  of  the  city  of 
New  York  such  repairs  or  restorations  as  may  be  reasonably  necessary  from  time  to  time  in  order 
to  keep  the  said  library  bxiildings  in  proper  condition;  and  it  shall  be  the  duty  of  the  said  board 
of  estimate  and  apportionment  to  provide  at  the  expense  of  the  city  of  New  York  the  original 
stock  of  books  for  any  library  building  so  erected  where  no  stock  of  books  exists. 

Section  II.    Section  four  of  said  chapter  is  hereby  amended  to  read  as  follows : 

Section  IV.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  and  for  paying  the 
expenses  of  the  acquisition  of  the  sites  and.  conducting  the  proceedings  for  the  condemnation  thereof, 
it  shall  be  the  duty  of  the  comptroller  of  the  city  of  New  York  on  being  thereunto  authorized  by 
the  said  board  of  estimate  and  apportionment,  to  issue  and  sell  the  corporate  stock  of  the  city  of 
New  York  in  such  amoimts  as  may  be  necessary,  and  at  such  a  rate  of  interest  as  may  be  fixed  by 
said  comptroller.  No  consent  or  approval  of  the  municipal  assembly  nor  of  any  board  other  than 
the  said  board  of  estimate  and  apportionment  shall  be  necessary  to  authorize  the  comptroller  to 
issue  such  stock  for  the  purposes  of  this  act.  Corporate  stock  of  the  city  of  New  York  shall  also 
be  issued  in  similar  manner  whenever  necessary  in  order  to  provide  the  means  with  which  to  make 
good  damages  to  the  library  buildings  or  their  contents  caused  by  fire  or  otherwise;  or  in  order 
to  provide  the  means  for  repairs  to  or  restorations  of  the  said  library  buildings  when  authorized 
pursuant  to  the  provisions  of  section  two  of  this  act;  or  in  order  to  provide  the  original  stock  of 
books  for  any  library  building  erected  piu-suant  to  this  act. 

Section  III.    This  act  shall  take  effect  immediatdy. 

"3 


APPENDIX    I 

Agreement  Entered  into  Between  The  City  of  New  York  and  The  New  York  Public 
Library,  Astor,  Lenox  and  Tilden  Foundations,  Providing  that  the  City  Should  Make 
Good  Any  Damage  to  Library  Buildings  and  Make  Necessary  Repairs  and  Provide  Original 
Stock  of  Books,  1905. 

AGREEMENT  WITH  THE  CITY  OF  NEW  YORK 

Dated  1  May,  1906. 
Accepted  By  the  City  7  July,  1905. 

THIS  AGREEMENT,  made  and  concluded  the  first  day  of  May,  in  the  year  one  thousand 
nine  hundred  and  five,  by  and  between  The  City  of  New  York,  by  the  Board  of  Estimate  and  Appor- 
tionment of  said  city,  party  of  the  first  part,  and  The  New  York  Public  Library,  Astor,  Lenox  and 
Tilden  Foundations,  party  of  the  second  part,  WITNESSETH: 

WHEREAS,  agreements  were  heretofore  made  and  concluded  between  the  parties  hereto, 
bearing  date  of  July  seventeenth,  in  the  year  one  thousand  nine  hundred  and  one,  and  of  March 
twenty-sixth,  in  the  year  one  thousand  nine  hvmdred  and  two,  in  relation  to  the  offer  of  Andrew 
Carnegie  to  furnish  the  funds  necessary  for  the  erection  of  buildings  for  free  branch  libraries  for 
circulation  in  the  City  of  New  York,  provided  the  City  of  New  York  would  furnish  the  necessary 
sites  for  such  buildings  and  agree  to  provide  for  the  maintenance  of  such  branches  when  completed, 
which  said  agreements  were  made  by  and  between  the  said  parties  hereto  in  pursuance  of  the  provi- 
sions of  an  Act  of  the  Legislature  of  the  State  of  New  York,  approved  April  26,  1901 ,  entitled  "An 
Act  to  authorize  and  empower  the  City  of  New  York  to  establish  and  maintain  a  free  public  library 
system, "  being  Chapter  580  of  the  Laws  of  1901 ,  under  which  a  number  of  sites  have  been  provided 
and  buildings  erected  thereon  with  funds  provided  by  said  Andrew  Carnegie ;  and 

WHEREAS  such  Act  last  above  mentioned  was  amended  by  Chapter  290  of  the  Laws  of  1905 
entitled  "An  Act  to  amend  Chapter  580  of  the  Laws  of  1901,  entitled  'An  Act  to  authorize  and 
empower  the  City  of  New  York  to  establish  and  maintain  a  free  public  library  system,'  in  relation 
to  contracts  with  the  trustees  of  certain  public  libraries  in  the  City  of  New  York, "  by  which  amended 
Act  authority  was  given  to  the  City  of  New  York,  acting  by  the  Board  of  Estimate  and  Apportion- 
ment, to  contract  to  make  good  any  damage  to  said  library  buildings  or  their  contents,  and  by 
which  it  was  made  the  duty  of  the  City  of  New  York  to  repair  or  restore  the  same  and  to  provide, 
at  its  own  expense,  the  original  stock  of  books  for  any  library  building  so  erected  where  no  stock  of 
books  exists; 

NOW,  THEREFORE,  IT  IS  MUTUALLY  CONSENTED  AND  AGREED  by  between  the 
said  parties  hereto  as  follows,  namely:  that  the  said  contract  between  the  parties  hereto  bearing 
date  July  17,  1901,  as  amended  by  such  further  contract  bearing  date  March  26,  1902,  be  further 
amended  hereby;  and  the  City  of  New  York,  acting  by  the  said  Board  of  Estimate  and  Apportion- 
ment, hereby  agrees,  at  its  own  expense,  from  time  to  time  to  make  good  any  damage  to  any  library 
building  erected  pursuant  to  the  contracts  aforesaid,  or  either  of  them,  with  funds  supplied  by 
Andrew  Carnegie,  or  to  the  books,  fixtures  or  contents  thereof,  by  fire  or  otherwise;  and  hereby 
further  agrees  to  cause  to  be  made,  at  the  expense  of  the  City  of  New  York,  such  repairs  or  restora- 
tions as  may  be  reasonably  necessary  from  time  to  time  to  keep  the  said  Ubrary  buildings  so  erected 
and  to  be  erected,  and  each  of  them,  and  the  books,  fixtures  and  contents  thereof,  in  proper  condi- 
tion; and  the  said  City  of  New  York  further  agrees  to  provide  from  time  to  time,  at  the  expense 
of  the  City  of  New  York,  the  original  stock  of  books  for  any  library-  building  so  erected  under  said 
contracts  as  aforesaid,  or  either  of  them,  with  funds  supplied  by  Andrew  Carnegie,  where  no  stock 
of  books  exists. 

IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has  caused  this  agreement  to  be  executed 
by  the  Board  of  Estimate  and  Apportionment,  pursuant  to  a  resolution  adopted  at  a  meeting  held  on 
the  day  of  .,  1905;*  and  the  party  of  the  second  part  has  caused  this  agreement  to 

*  The  resolution  of  the  Board  of  Estimate  and  Apportionment  referred  to  was  adopted  July 
7th,  1905. 

"4 


be  executed  by  its  President  and  its  official  seal  to  be  hereto  affixed,  piirsuant  to  a  resolution  of  the 
Trustees  of  the  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  adopted  at  a  meet- 
ing held  on  the  12th  day  of  March,  1905. 

George  B.  McClellan, 

Mayor 
Edward  M.  Grout, 

Comptroller 
C.  V.  Fornes, 

President  of  the  Board  of  Aldermen 
John  F.  Ahearn, 

President  of  the  Borough  of  Manhattan 
Martin  W.  Littleton, 

President  of  the  Borough  of  Brooklyn 
Loots  F.  Haffen, 

President  of  the  Borough  of  The  Bronx 
Joseph  Cassidy, 

President  of  the  Borough  of  Queens 
George  Cromwell, 

President  of  the  Borough  of  Richmond 

THE  NEW  YORK  PUBLIC  LIBRARY, 
ASTOR,  LENOX  AND  TILDEN  FOUNDATIONS: 

(Corporate  Seal) 

by 

John  Bigelow, 

President 

Attest: 

Charles  Rowland  Russell, 
Secretary 


APPENDIX    J 

ACT  OF  INCORPORATION 

(Laws  of  1907.    Chapter  164) 

AN  ACT  TO  incorporate  "The  Queens  Borough  Public  Library,"  and  to  permit  libraries 
IN  the  borough  of  Queens  of  the  City  of  New  York,  to  convey  their  property 
thereto,  and  limiting  and  defining  the  powers  thereof. 

Became  a  law,  April  17, 1907,  with  the  approval  of  the  Governor.     Passed,  three-fifths  being  present. 

Accepted  by  the  City 
The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact  as  follows : 

Section  1:  The  following  persons,  to  wit:  The  Mayor,  Comptroller  and  President  of  the 
Board  of  Aldermen  of  the  City  of  New  York,  by  virtue  of  their  offices,  and  fifteen  additional  persons 
who,  at  the  date  of  the  passage  of  this  act,  shall  constitute  the  Board  of  Trustees  of  the  "Queens 
Borough  Library, "  a  corporation  incorporated  by  the  regents  of  the  university  of  the  State  of  New 
York  on  March  nineteen,  eighteen  hundred  and  ninety-six,  as  amended  December  twenty-one, 
eighteen  hundred  and  ninety-nine,  under  the  provisions  of  the  laws  of  eighteen  himdred  and  ninety- 
two,  chapter  three  hundred  and  seventy-eight,  as  amended  by  the  laws  of  eighteen  hundred  and 
ninety-five,  chapter  eight  hundred  and  fifty-nine,  are  hereby  constituted  a  body  politic  and  cor- 
porate vmder  and  by  the  name  of  "The  Queens  Borough  Public  Library,"  for  the  purpose  of 
constructing  and  maintaining  Ubraries  and  a  free  public  library  system  in  the  Borough  of  Queens 
in  the  City  of  New  York. 

"5 


Sectiox  2:  The  "Queens  Borough  Library"  is  hereby  declared  to  be  merged  into  and  become 
a  part  of  "The  Queens  Borough  Public  Library, "  which  corporation  shall  have  and  exercise  all  the 
powers  now  possessed  by  the  "Queens  Borough  Library,"  together  with  all  powers  now  possessed 
by  membership  and  library  corporations  under  the  general  law  of  the  State  of  New  York,  and  such 
other  laws  of  this  state  as  may  at  any  time  be  applicable  thereto,  excepting  in  so  far  as  they  may 
be  inconsistent  with  the  provisions  hereof.  It  shall  be  capable  of  making  and  holding  for  its  uses  and 
purposes,  by  purchase,  gift,  grant,  devise  or  bequest,  any  property  and  estate,  both  real  and  per- 
sonal, without  Umit  as  to  the  value  and  amount  thereof.  Any  devise  or  bequest  contained  in  any 
last  will  and  testament  made  to  the  "Queens  Borough  Library, "  whether  made  before  or  after  the 
date  of  this  act,  shall  not  fail  by  reason  of  such  conveyance,  but  the  same  shall  inure  to  the  benefit 
of  the  corporation  created  by  this  act. 

Section  3.  The  corporation  shall  organize  by  the  adoption  of  by-laws  and  the  election  of 
ofiBcers.  The  by-laws  shall  provide  for  the  terms  of  office  of  the  trustees  of  the  coq:)oration,  ex- 
cepting that  the  mayor,  comptroller  and  president  of  the  board  of  aldermen  of  the  city  of  New 
York,  shall  at  all  times  be  members  of  the  board  ex-officio.  The  by-laws  shall  also  provide  for 
the  filling  of  vacancies.  The  trustees  shall  hereafter  be  chosen  in  such  maimer  as  the  by-laws  may 
direct,  excepting  that  the  selection  of  their  successors  by  the  corporation  shall  be  subject  to  the 
approval  of  the  mayor  of  the  city  of  New  York.  The  corporation  shall  have  power  from  time  to 
time  to  make  such  rules  and  regulations  as  the  trustees  thereof  shall  judge  proper  for  the  accom- 
plishment of  the  objects  of  the  corporation,  for  the  election  of  officers,  for  prescribing  their  respec- 
tive functions  and  the  mode  of  discharging  the  same,  for  imposing  and  collecting  dues,  fines  and 
contributions,  for  regulating  the  times  and  places  of  meetings,  and  generally  for  the  management 
and  direction  of  the  affairs  and  concerns  of  the  said  corporation.  The  trustees  shall  have  absolute 
control  of  the  expenditure  of  all  moneys  appropriated  by  the  city  of  New  York  for  the  maintenance 
of  libraries  conducted,  or  to  be  conducted,  by  the  corporation  in  the  borough  of  Queens,  and  shall 
have  the  power  to  appoint  and  fix  the  salaries  of  such  officers  and  employees  as  they  shall  deem 
necessary,  who,  vmless  employed  imder  special  contract,  shall  hold  their  offices  during  the  pleasure 
of  the  trustees  but  no  trustee  shall  receive  compensation  as  such,  and  the  authority  of  the  trustees 
to  so  make  and  regvdate  expenditures  for  maintenance,  and  their  right  to  select,  employ,  fix  salaries 
and  discharge  employees,  shall  be  absolute  imder  this  act,  any  acts  of  legislature  of  the  state  of 
New  York  to  the  contrary  notwithstanding. 

Section  4.  The  corporation  shall  make  and  publish  an  annxial  report  in  detail  of  its  pro- 
ceedings and  transactions  for  each  year,  including  a  full  and  detailed  statement  of  its  revenues 
and  expenses  in  such  form  as  may  be  approved  by  the  comptroller  of  the  city  of  New  York,  and 
it  shall  furnish  copies  thereof  to  the  board  of  estimate  and  apportionment  of  the  cit^  of  New  York. 
Section  5.  The  said  corporation  is  hereby  declared  to  be  a  corporation  with  which  the  city 
of  New  York  may  contract  for  the  construction  and  maintenance  of  free  libraries  within  the  mean- 
ing of  chapter  five  himdred  and  eighty  of  the  laws  of  nineteen  hundred  and  one,  and  the  said  cor- 
poration may,  with  the  consent  of  Andrew  Carnegie  or  of  his  legal  representatives  and  of  the  per- 
sons heretofore  designated  by  him  as  his  personal  representatives  for  the  construction  of  free 
Ubraries  in  the  said  borough  of  Queens  of  the  city  of  New  York,  and  with  the  consent  of  the  board 
of  estimate  and  apportionment  of  the  city  of  New  York,  be  substituted  in  any  contract  heretofore 
made  between  the  said  personal  representatives  of  said  Andrew  Carnegie  and  the  said  city  of  New 
York  for  the  construction  of  public  libraries  as  successor  to  and  in  place  of  the  persons  named  in 
such  contract  as  personal  representatives  of  said  Andrew  Carnegie  to  contract  with  said  city ;  and 
thereupon  the  said  corporation  shall  succeed  to  and  possess  all  powers  and  be  subject  to  all  re- 
sponsibilities theretofore  appertaining  to  the  said  designated  representatives  of  Andrew  Carnegie, 
under  and  by  virtue  of  any  such  contract. 

Section  6.  The  board  of  estimate  and  apportionment  of  the  said  city  of  New  York  is  further 
authorized  and  empowered  to  congract  with  the  said  corporation  for  the  maintenance  of  the  free 
public  library  system  in  the  borough  of  Queens  of  said  city,  including  therein  the  maintenance  of 
all  of  the  free  public  library  systems  in  the  borough  of  Queens  that  are  now  maintained  in  whole 
or  in  part  by  the  pubhc  funds  of  the  city.  The  amounts  required  for  such  maintenance  shall  con- 
stitute a  city  charge,  to  be  provided  for  in  the  annual  budget  and  tax  levy  of  said  city.  The  said 
city  of  New  York  is  fiu-ther  authorized  and  empowered  to  transfer  and  convey  to  the  said  cc  r- 
poration,  to  be  held  and  used  by  it  for  free  library  purposes  in  the  said  borough  of  Queens,  all  books, 
furniture  and  other  property  owned  and  held  by  the  said  city  of  New  York  in  the  several  free  public 
libraries  now  maintained  by  it  and  administered  by  the  Queens  Borough  Library. 

1x6 


Section  7.  In  the  event  of  the  execution  of  a  contract  between  the  city  of  New  York  and 
the  corporation  hereby  created  for  the  control  and  direction  of  the  free  library  system  in  the  borough 
of  Queens  any  sum  or  sums  of  money,  or  the  unexpended  portion  thereof,  appropriated  prior  to 
the  passage  of  this  act  by  the  board  of  estimate  and  apportionment  of  the  said  city  of  New  York, 
for  the  maintenance  and  support  for  the  year  nineteen  hundred  and  seven  of  free  public  libraries 
in  the  said  borough  of  Queens  of  said  city,  which  libraries  are  now  or  have  heretofore  been  ad- 
ministered by  the  Queens  Borough  Library  in  said  city,  are  hei  eby  declared  to  be  appHcable  to  the 
support  of  the  free  pubHc  Ubrary  system  to  be  controlled  and  directed  by  the  corporation  hereby 
created.  The  entire  amount  of  any  annual  appropriation  made  by  the  board  of  estimate  and  ap- 
portionment of  the  said  city  of  New  York  for  the  conduct  and  maintenance  of  free  public  libraries 
in  the  borough  of  Queens  shall  be  disbursed  and  paid  over  from  time  to  time  to  the  corporation 
hereby  created,  by  the  comptroller  of  the  said  city  of  New  York  in  such  manner  and  subject  to 
such  accoimting  as  the  comptroller  shall  direct. 

Section  8.  Any  corporation  now  or  hereafter  organized  under  the  laws  of  the  state  of  New 
York,  whether  incorporated  by  general  or  special  act,  or  by  the  regents  of  the  university  of  the 
state  of  New  York,  or  otherwise,  and  maintaining  or  carrying  on  a  library  in  the  borough  of  Queens, ' 
is  hereby  authorized  and  empowered  to  grant,  convey,  assign  and  transfer  any  or  all  the  real  and 
personal  property  of  which  it  may  be  seized  or  possessed,  to  the  corporation  hereby  created,  upon 
such  terms,  conditions  or  limitations  as  may  be  agreed  upon  between  the  two  corporations. 

Section  9.  Upon  the  transfer  and  conveyance  by  any  corporation  maintaining  or  carrying 
on  a  library  in  the  borough  of  Queens  of  its  entire  property  and  estate  to  the  corporation  hereby 
created  as  hereinbefore  provided,  and  upon  the  making  and  filing  in  the  office  of  the  clerk  of  the 
county  of  Queens  of  a  certificate  signed  by  a  majority  of  the  directors  or  trustees  of  such  corpora- 
tion and  sworn  to  by  the  president  or  vice-president  and  secretary  thereof,  setting  forth  the  facts 
of  such  transfer  and  conveyance,  a  copy  of  which  certificate  shall  be  filed  in  the  office  of  the  secre- 
tary of  the  state  of  New  York,  and  in  the  case  of  a  corporation  created  by  act  of  the  regents  of 
the  university  of  the  state  of  New  York,  in  the  office  of  the  said  regents  of  the  university,  such 
corporation  so  transferring  its  entire  property  and  estate  shall  be  dissolved  and  its  corporate 
existence  terminated. 

Section  10.     This  act  shall  take  effect  immediately. 


APPENDIX    K 

Agreement  between  The  City  of  New  York  and  The  Queens  Borough  Public  Library 
Providing  that  the  Obligations  of  the  Representatives  of  Andrew  Carnegie  be  Trans- 
ferred to  The  Queens  Borough  Public  Library  and  Further  that  the  City  Pay  Such  Sums 
Toward  the  Maintenance  of  The  Queens  Borough  Public  Library  as  were  Agreed  upon  in 
the  1901  Carnegie  Agreement  together  with  such  Additional  Sums  as  Necessary  for  the 
Proper  Maintenance  of  Libraries  Under  the  Jurisdiction  of  The  Queens  Borough  Public 
Library.     1907. 

THIS  AGREEMENT,  made  and  concluded  this  i8th  day  of  October  in  the  year  One  Thou- 
sand Nine  Hundred  and  Seven,  by  and  between  THE  CITY  OF  NEW  YORK,  by  the  BOARD  OF 
ESTIMATE  AND  APPORTIONMENT  of  said  City,  party  of  the  first  part,  and  "THE 
QUEENS  BOROUGH  PUBLIC  LIBRARY,"  a  corporation  duly  organized  under  Chapter  one 
hundred  and  sixty-four  of  the  Laws  of  Nineteen  Hundred  and  Seven  of  the  State  of  New  York, 
party  of  the  second  part,  WITNESSETH: 

WHEREAS, by  an  act  of  the  Legislatxire  of  the  State  of  New  York,  approved  April  17,  1907, 
entitled  "An  Act  to  Incorporate  '  The  Queens  Borough  Public  Library, '  and  to  permit  libraries  in  the 
Borough  of  Queens  of  the  City  of  New  York,  to  convey  their  property  thereto,  and  limiting  and 
defining  the  powers  thereof,"  being  Chapter  One  hundred  and  sixty-four  of  the  Laws  of  Nineteen 
Hundred  and  Seven,  the  corporation  incorporated  by  Charters  of  the  Regents  of  the  University 
of  the  State  of  New  York,  granted  oh  March  Nineteenth,  Eighteen  Hundred  and  Ninety-six,  and 

117 


n  December  twenty-first,  Eighteen  Hundred  and  Ninety-nine,  as  "Queens  Borough  Library," 
was  thereby  merged  into  the  corporation  "The  Queens  Borough  PubHc  Library, "  party  of  the  second 
part  hereto,  which  corporation  has  thereby  authority  to  exercise  all  the  powers  hitherto  possessed 
by  Queens  Borough  Library  under  the  Laws  of  the  State  of  New  York  applicable  thereto;  and 

WHEREAS,  the  persons  so  constituting  the  corporation  The  Queens  Borough  Public  Library 
have  duly  organized  by  the  adoption  of  By-laws  and  the  election  of  officers  as  provided  in  section 
three  of  said  act ;  and 

WHEREAS,  said  The  Queens  Borough  Public  Library  is  declared,  by  section  five  of  said  act, 
to  be  a  corporation  with  which  the  City  of  New  York  may  contract  for  the  construction  and  main- 
tenance of  free  libraries  within  the  meaning  of  Chapter  five  hundred  and  eighty  of  the  Laws  of 
Nineteen  Hundred  and  One,  as  amended,  upon  the  conditions  therein  set  forth;  and 

WHEREAS,  it  is  fxuther  provided  by  section  six  of  said  Act,  that  the  Board  of  Estimate  and 
Apportionment  of  the  City  of  New  York  is  authorized  and  empowered  to  contract  with  the  party  of 
the  second  part  hereto  for  the  maintenance  of  the  free  public  library  system  in  the  Borough  of 
Queens,  including  therein  the  maintenance  of  all  free  public  libraries  now  existing  in  the  said  Borough 
which  at  the  passage  of  said  act  were  maintained  in  whole  or  in  part  by  the  public  funds  of  said 
City;  and 

WHEREAS,  The  City  of  New  York  was  by  the  same  section  authorized  and  empowered  to 
transfer  and  convey  to  the  party  of  the  second  part,  to  be  held  and  used  by  it  for  free  library  pur- 
poses in  the  said  Borough  of  Queens  all  books,  furniture  and  other  property  owned  and  held  by  the 
said  city  in  the  several  free  Public  Libraries  now  maintained  by  it  and  administered  by  the  cor- 
poration of  Queens  Borough  Library. 

NOW,  THEREFORE,  in  consideration  of  the  premises  and  of  the  mutual  covenants  herein,  it 
is  agreed  between  the  said  parties  as  follows: 

First:  In  the  event  that  Andrew  Carnegie,  and  Walter  G.  Frey,  Walter  L.  Bogert,  and  Phillip 
Frank,  the  personal  representatives  of  the  said  Andrew  Carnegie,  who  on  his  behalf,  became  parties 
to  an  agreement  heretofore  entered  into  with  the  Board  of  Estimate  and  Apportionment  of  The 
City  of  New  York,  duly  executed  on  or  about  September  11,  1901,  under  authority  of  Chapter 
five  hundred  and  eighty  of  the  Laws  of  Nineteen  Hundred  and  One,  as  amended,  consent  thereto, 
said  The  Queens  Borough  Public  Library  agrees  to  perform  all  the  obligations  of  the  said  personal 
representatives  of  said  Andrew  Carnegie,  as  their  successors  under  said  agreement,  and  to  carry 
out  and  to  perform  any  and  all  contracts  entered  into  by  said  parties  imder  said  agreement  of 
September  11,  1901. 

Second:  The  said  The  Queens  Borough  PubHc  Library  agrees  to  administer  the  free  public 
libraries  now  existing  in  the  Borough  of  Queens,  and  upon  the  completion  of  the  public  branch 
libraries  to  be  erected  pursuant  to  said  agreement  of  September  11,  1901 ,  it  agrees  to  administer  the 
same  and  apply  to  their  maintenance  the  svmis  to  be  appropriated  therefor  by  The  City  of  New 
York,  pursuant  to  the  provisions  of  said  agreement,  and  of  said  Chapter  five  htmdred  and  eighty  of 
the  Laws  of  Nineteen  Hundred  and  One,  as  amended,  and  it  agrees  to  so  administer  and  maintain 
the  said  libraries  that  they  shall  be  open  and  accessible  to  the  public  at  all  reasonable  hours  and  times, 
upon  every  day  of  the  week  except  Sundays,  including  all  legal  holidays,  free  of  expense  to  the  per- 
sons resorting  thereto  for  reference  and  for  taking  out  of  books,  subject  to  such  reasonable  control 
and  regulations  as  The  Queens  Borough  Public  Library,  party  of  the  second  part,  may  from  time 
to  time  establish  for  general  convenience,  and  such  libraries  may  be  open  in  whole  or  in  part  on 
Sundays  in  such  manner  and  during  such  hours  as  may  be  from  time  to  time  agreed  upon  between 
the  said  Board  of  Estimate  and  Apportionment  and  The  Queens  Borough  Public  Library.  Such 
free  use  being  subject  to  such  reasonable  fines  and  penalties  as  may  be  imposed  by  said  The  Queens 
Borough  Public  Library  for  violation  of  its  rules  and  regulations. 

Third:  The  City  of  New  York,  party  of  the  first  part,  hereby  agrees  that  in  addition  to  the 
amount  it  is  obligated  to  appropriate  and  pay  under  the  agreement  of  September  1 1 ,  1901 ,  above  re- 
ferred to,  and  pursuant  to  the  provisions  of  the  Act,  Chapter  five  hundred  and  eighty  of  the  laws  of 
Nineteen  Hundred  and  One,  as  amended,  it  will  appropriate  and  pay  for  the  maintenance  and 
support  of  said  The  Queens  Borough  Public  Library  such  sums  as  may  be  requisite  for  the  proper 
maintenance  of  the  libraries  under  its  jurisdiction,  such  amounts  to  constitute  a  City  charge  and  to 
be  provided  for  in  the  annual  Budget  and  tax  levy  of  said  City. 

It  is,  however,  agreed  that  the  entire  amount  of  the  annual  appropriations  as  made  by  the 
Board  of  Estimate  and  Apportionment  for  the  conduct  and  maintenance  of  free  public  libraries 

ii8 


in  the  Borough  of  Queens,  shall  be  disbursed  and  paid  by  the  Comptroller  to  The  Queens  Borough 
Public  Library  upon  submission  to  him  of  a  statement  of  obligations  incurred  or  of  moneys  expended 
for  the  use  and  purposes  of  said  free  library  system ;  provided,  however,  that  on  and  after  December 
31st,  1907,  one-twelfth  of  the  amount  appropriated  for  the  yearly  salaries  shall  be  paid  over  by 
said  Comptroller  to  The  Queens  Borough  Public  Library,  on  the  last  day  of  each  month,  and  upon 
the  payment  of  said  obHgations  by  The  Queens  Borough  Public  Library  proper  vouchers  and 
accounts  shall  be  returned  to  the  Comptroller  of  the  City  of  New  York  for  such  expenditures. 
Separate  accounts  shall  also  be  filed  with  the  Comptroller  showing  amount  of  fines  and  receipts  for 
lost  books  received,  and  disbursements  made  therefrom,  in  form  to  be  duly  approved  by  the  Comp- 
troller. 

Fourth:  Upon  the  execution  of  this  contract  the  free  public  libraries  of  the  Borough  of 
Queens  heretofore  existing  and  administered  by  the  corporation  known  as  "Queens  Borough  Li- 
brary, "  shall,  as  to  their  maintenance  and  administration,  be  and  they  hereby  are  devolved  upon 
the  said  The  Queens  Borough  Public  Library,  and  the  said  corporation  the  party  of  the  second  part, 
shall  receive  for  the  purpose  of  such  maintenance  and  administration,  any  unexpended  balances  of 
moneys  heretofore  appropriated  for  Queens  Borough  Library,  said  unexpended  balance  for  "Sala- 
ries" to  be  paid  over  by  the  Comptroller  in  equal  monthly  payments  during  the  remainder  of  the 
year  1907.  Accounting  for  all  expenditures  when  made  shall  be  rendered  to  the  Comptroller  in  the 
same  maimer  as  provided  in  section  three  of  this  agreement. 

Fifth:  The  said  City  of  New  York  hereby  transfers  and  conveys  to  The  Queens  Borough 
Public  Library,  to  be  held  and  used  by  it  for  free  library  purposes  in  the  said  Borough  of  Queens, 
all  books,  furniture  and  other  property  owned  and  held  by  the  said  City  of  New  York  in  the  several 
free  public  libraries  now  maintained  by  it  and  administered  by  The  Queens  Borough  Library. 

It  is,  however,  agreed  that  the  title  to  the  library  property  in  said  Borough  of  Queens  heretofore 
vested  in  the  City  as  part  of  said  free  library  system,  shall  remain  in  said  City,  and  all  books  and 
other  personal  property  hereafter  purchased  by  said  The  Queens  Borough  Public  Library  out  of 
moneys  appropriated  by  said  City  for  the  maintenance  of  said  free  library  system,  shall  be  and 
remain  the  property  of  the  City  and  shall  be  so  marked  or  identified  and  designated. 

It  is  understood,  however,  and  agreed  that  The  Queens  Borough  Pubhc  Library  may  dispose  of 
mutilated  and  worn -out  books,  papers  and  pamphlets  and  of  duplicates  and  other  books  not  required, 
but  it  will  apply  any  and  all  moneys  received  therefor  to  the  purchase  of  other  books,  papers  and 
pamphlets  to  be  used  in  said  free  library  system,  and  it  will  account  therefor  to  the  Comptroller 
of  the  City. 

Sixth:  The  Queens  Borough  Public  Library  will  continue  to  occupy  the  premises  now  under 
lease  by  the  City  for  library  purposes  and  previously  occupied  by  the  Queens  Borough  Library  until 
the  expiration  of  said  leases ;  but  thereafter  the  party  of  the  second  part  shall  make  all  such  leases 
upon  terms  satisfactory  to  it,  and  the  rentals  so  agreed  to  be  paid  shall  be  considered  a  part  of  the 
cost  of  maintenance  of  said  libraries  to  be  provided  for  in  the  same  manner  as  other  expenses  of 
maintenance.  The  party  of  the  second  part  shall  not  be  required  upon  order  of  any  city  depart- 
ments to  erect  fire  escapes  or  place  water  meters  in  the  library  bmldings,  or  make  any  other  repairs 
or  alterations  imless  special  appropriation  therefor  shall  be  made  by  the  Board  of  Estimate  and  Ap- 
portionment. 

Seventh:  The  party  of  the  first  part  hereto  agrees  to  cause  to  be  made  at  the  expense  of  the 
City  of  New  York,  such  repairs  or  restorations  as  may  be  reasonably  necessary  from  time  to  time, 
in  order  to  keep  the  library  buildings  in  proper  condition,  and  to  make  good  any  damage  to  the  build- 
ings or  to  their  contents  by  fire,  or  otherwise;  and  to  provide  the  original  stock  of  books  for  any 
library  building  erected  under  the  gift  of  Andrew  Carnegie  where  no  stock  of  books  exists,  in  ac- 
cordance with  the  provisions  of  Chapter  296  of  the  Laws  of  1905. 

Eighth:  It  is  further  understood  that  this  agreement  may  be  from  time  to  time  altered 
or  modified  as  may  be  agreed  upon  in  writing  between  the  parties  hereto,  and  that  in  so  far  as 
The  Queens  Borough  Public  Library,  party  of  the  second  part,  may  be  made  the  successors  of 
the  said  personal  representatives  of  Andrew  Carnegie  in  the  agreement  dated  September  11,  1901, 
this  agreement  is  subject  to  such  changes  and  modifications  as  it  is  pro-\dded  in  said  agreement 
may  be  made  by  the  parties  thereto,  subject  to  the  approval  of  said  Andrew  Carnegie. 

IN  WITNESS  WHEREOF  the  party  of  the  first  part  has  caused  this  agreement  to  be  exe- 
cuted by  the  Board  of  Estimate  and  Apportionment  of  The  City  of  New  York,  pursuant  to  a 
resolution  adopted  at  a  meeting  of  said  Board  of  Estimate  and  Apportionment,  held  on  the  18th 

"9 


day  of  October,  1907,  and  the  party  of  the  second  part  has  hereunto  caused  its  seal  to  be  affixed 
and  the  execution  thereof  to  be  attested  by  its  officers,  the  18th  day  of  October,  One  Thousand 
Nine  Hundred  and  Seven 

THE  CITY  OF  NEW  YORK,  by  the 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT, 
George  B.  McClellan, 

Mayor. 
H.  A.  Metz, 

Comptroller. 
P.  F.  McGowan, 

President,  Board  of  Aldermen. 
John  F.  Ahearn, 

President,  Borough  of  Manhattan. 
Bird  S.  Coler, 

President,  Borough  of  Brooklyn. 
Louis  F.  Haffen, 

President,  Borough  of  The  Bronx. 
Joseph  Bermel, 

President,  Borough  of  Queens. 
George  Cromwell, 

President,  Borough  of  Richmond. 
THE  QUEENS  BOROUGH  PUBLIC  LIBRARY, 
By  John  Kirk, 

President. 
(Corporate  Seal.) 
Attest: 

Alfred  H.  Schlesinger,  Secretary. 
This  contract  is  approved  as  to  form. 

John  L.  O'Brien,  Assistant  Corporation  Counsel. 

opinion  of  the  corporation  counsel 


APPENDIX  L 

Moneys  Must  be  Paid  as  Requested  by  the  Board  of  Trustees  when  the  Aggregate 
Amount  Does  Not  Exceed  the  Amount  Appropriated  and  Proper  Vouchers  in  Forms  Ap- 
proved by  the  Comptroller  are  Submitted,  even  When  Such  Requests  Disregard  the 
Budget  Segregations. 

CITY  OF  NEW  YORK 

Law  Department 

Office  of  the  Corporation  Counsel 

New  York,  September  17,  1914. 
Hon.  William  A.  Prendergast, 

Comptroller. 
Sir: 

I  am  in  receipt  of  the  following  communication  dated  April  30,  1914  and  signed  by  Charles  S.  Hervey,  Deputy 
Comptroller: 

"Under  date  of  March  13th,  1914,  you  rendered  an  opinion  concerning  The  Brookljm  Public  Library,   in 
response  to  a  communication  from  the  Comptroller,  of  which  the  following  is  a  copy: 

'  I  ask  to  be  advised  whether  the  Comptroller,  in  the  audit  of  payments  made  to  the  Trustees  of  The 
New  York,  The  Brooklyn  or  The  Queens  Borough  Libraries,  may  legally  enforce  the  use  of  city  money 
for  salaries  and  wages  for  those  libraries  as  provided  in  the  segregated  form  of  the  City  Budget  for  1913, 
or  whether  the  moneys  must  be  paid  as  requisitioned  for  by  the  respective  Boards  of  Trustees  when  those 
requisitions  disregard  the  Budget  segregations. 

'For  your  information  in  connection  with  this  inquiry,  I  transmit  herewith  copy  of  the  Budget  for 
1913  and  copies  of  the  contracts  made  by  the  City  with  the  three  Boards  of  Trustees. 

I20 


'The  inquiry  is  made  because  two  of  the  library  boards  in  payrolls  submitted  to  the  Department 
of  Finance  disregarded  the  Budget  salary  and  wages  schedules  for  their  respective  organization.  All  of  the 
library  boards,  however,  appear  to  conform  to  the  appropriation  segregations  for  other  than  salary  and 
wages  purposes.' 

"In'  the  said  opinion  you  advise  that  moneys  must  be  paid  as  requisitioned  by  the  Board  of  Trustees  of 
the  Library,  when  the  aggregate  does  not  exceed  the  amoimt  appropriated  and  proper  vouchers,  in  forms  ap- 
proved by  you,  are  submitted,  even  when  those  requisitions  disregard  the  Budget  segregations. 

"It  appears  that  your  opinion  of  March  13th  relates  to  The  Brooklyn  Public  Library  only.  Considering 
the  same  phases  of  the  question  as  were  considered  in  regard  to  Brooklyn,  will  you  please  advise  me  along  similar 
lines  regarding  the  powers  of  the  Board  of  Estimate  and  Apportionment  in  respect  to  the  administration  of 
moneys  appropriated  for  The  New  York  Public  Library  and  The  Queens  Borough  Public  Library." 

The  opinion  dated  March  13th,  1914,  dealt  with  the  contractual  relations  existing  between  the  City  and  The 
Brooklyn  Public  Library  only,  for  the  reason  that  subsequent  to  the  receipt  of  your  letter  requesting  advice  this 
office  was  informed  that  The  New  York  Public  Library  and  The  Queens  Borough  Library  were  conforming  to  the 
schedules  for  salaries  and  wages  as  set  forth  in  the  Budget.  I  will  now,  however,  as  requested,  consider  the  city's 
relations  to  the  two  last  mentioned  libraries. 

On  December  8,  1897,  the  Mayor,  Aldermen  and  Commonalty  of  The  City  of  New  York,  acting  through  the 
Board  of  Estimate  and  Apportionment,  executed  a  contract  with  The  New  York  Public  Library,  Astor,  Lenox  and 
Tilden  Foundations.  This  agreement  relates  to  the  new  library  building  to  be  erected  at  Fifth  avenue  and  42nd 
street,  on  the  site  formerly  occupied  by  the  reservoir  and  provides,  among  other  things,  that  The  New  York  Public 
Library  shall  have  the  right  to  occupy  such  building  as  long  as  it  continues  to  maintain  it  as  a  public  library  and 
reading  room. 

Paragraph  "Second"  provides  that  the  City  shall  on  reasonable  demand  at  all  times  maintain  and  keep  the 
building  in  repair. 

Paragraph  "Seventh"  stipulates  that  the  Hbrary  "shall  appoint,  direct,  control  and  remove  all  persons  em- 
ployed within  said  building  in  and  about  the  care  of  the  building  and  the  library  and  collections  therein 
contained;  *  *  *." 

Paragraph  "Eighth"  appears  in  this  form: 

"The  city  shall  annually  provide  funds  for  the  maintenance  and  repair  of  the  building  and  the  City  au- 
thorities or  Department  of  Public  Parks,  acting  under  its  direction,  shall  at  all  times  provide  and  care  for  the 
roads,  walks,  fences,  grading  and  general  care  of  the  grounds  and  appurtenances  attached  thereto.  The  City 
in  addition  shall  at  all  times  furnish  a  supply  of  water  and  adequate  police  patrol  and  protection.  With  the 
limitations  already  defined,  the  party  of  the  second  part  shall  exercise  entire  direction  and  management  over 
all  the  affairs  of  the  library  building  and  the  books,  collections  and  appurtenances." 

The  only  financial  burden  assumed  by  the  city  in  this  agreement  is  the  obligation  to  provide  funds  for  the  main- 
tenance and  repair  of  the  building,  and  to  furnish  a  supply  of  water  and  adequate  police  patrol  and  protection. 

On  July  17,  1901,  the  city  acting  through  the  Board  of  Estimate  and  Apportionment,  executed  another  agree- 
ment with  The  New  York  Public  Library.  This  contract  relates  to  the  erection  and  maintenance  of  certain  branch 
libraries  which  were  to  be  brought  into  existence  through  gifts  from  Andrew  Carnegie.  The  essence  of  this  agree- 
ment is  that  the  city  shall  provide  the  sites,  Mr.  Carnegie  shall  provide  money  for  constructing  and  equipping  the 
buildings,  and  the  city  shall  provide  for  their  maintenance. 

Paragraph  "Third"  provides  that  The  New  York  Public  Library  shall  complete  these  branch  library  buildings 
as  soon  as  possible  "and  thereafter  to  conduct  and  carry  on  in  the  same  respectively  with  funds  to  be  provided  by 
the  party  of  the  first  part  (the  city)  as  hereinafter  provided,  free  public  libraries  for  circulation  with  reading  rooms, 
and  to  devote  the  same  to  the  use  of  the  public." 

Paragraph  "Fourth"  provides: 

"The  party  of  the  first  part  (the  city)  fiuther  agrees  adequately  to  provide  for  maintenance  of  the  free  public 
branch  libraries  to  be  erected  pursuant  to  this  agreement  and  of  travelling  libraries  in  said  City,  and  to  that 
end  to  provide  in  each  year  in  the  annual  budget  and  tax  levy  of  said  city  a  sum  not  less  than  ten  per  centum  of  the 
amount  expended  by  said  Andrew  Carnegie  under  the  provisions  of  said  act,  which  sum  shall  be  expended  for 
the  maintenance  of  the  branch  libraries  to  be  hereafter  constructed  pursuant  to  this  contract,  which  main- 
tenance shall  be  provided  for,  said  libraries  to  be  hereafter  constructed  as  rapidly  as  the  same  are  obtained ;  *  *  * 
and  provided  further  that  the  obligation  hereby  assumed  by  the  party  of  the  first  part  to  provide  for  such  main- 
tenance, a  sum  not  less  than  ten  per  centum  of  the  amount  so  expended  by  said  Andrew  Carnegie  shall  not  be 
taken  to  limit  the  right  of  said  Board  of  Estimate  and  Apportionment  to  appropriate  for  such  maintenance 
any  larger  sum  if  in  its  discretion  additional  appropriation  should  be  required." 
Paragraph  "Seventh"  provides: 

"*  *  •;  the  party  of  the  second  part  (the  library)  however,  shaU  appoint,  direct,  control  and  remove  all 
persons  employed  within  the  said  buildings,  respectively,  and  in  the  care  of  the  same;  all  fines  to  be  exacted 
from  any  person  or  persons  shall  be  retained  by  the  party  of  the  second  part  applied  to  the  business  of  circula- 
tion and  duly  accounted  for  in  its  accounts.  All  balances  of  annual  appropriations  made  by  the  party  of  the 
first  part  and  not  duly  expended  by  the  party  of  the  second  part  for  the  maintenance  of  such  libraries  during 
the  calendar  years  for  which  such  appropriations  shall  have  been  made,  shall  be  accounted  for  and  paid  by  the 
said  party  of  the  second  part  to  the  Comptroller  of  The  City  of  New  York  to  be  deposited  to  the  credit  of  the' 
General  Fund  for  the  reduction  of  taxation  within  sixty  days  after  the  expiration  of  each  of  such  calendar  years." 

121 


By  paragraph  "Eighth"  the  city  bound  itself,  in  addition  to  the  provision  for  maintenance  heretofore  pro- 
vided for,  annually  to  provide  funds  for  the  repair  of  the  several  buildings  located  upon  sites  owned  by  the  city  and 
to  furnish  a  supply  of  water.    That  paragraph  then  continues  in  this  language: 

"With  the  limitations  already  defined  the  party  of  the  second  part  (the  library)  shall  exercise  protection  and 
management  over  the  affairs  of  the  several  library  buildings  and  the  books,  collections  and  appurtenances." 

It  follows  that  the  Board  of  Trustees  of  The  New  York  Public  Library,  being  clothed  with  authority  under 
its  contract  with  the  City  to  "direct  and  control"  persons  employed  within  the  branch  libraries,  and  to  "exercise 
protection  and  management  over  the  affairs  of  the  several  library  buildings"  may  expend  appropriations  made  to 
it  by  the  City  for  salaries  and  wages  in  such  a  manner  as  the  Trustees  may  decide  to  be  best  suited  to  that  purpose. 
Moneys  must  be  paid  by  the  Comptroller  on  proper  vouchers  for  salaries  and  wages  when  requisitioned  by  the 
Board  of  Trustees  even  when  those  requisitions  disregard  the  Budget  segregations. 

Chapter  164  of  the  Laws  of  1907,  incorporated  The  Queens  Borough  Public  Library  and  merged  in  the  cor- 
poration thus  created  The  Queens  Borough  Library.    Section  3  of  that  act  provides: 

"The  Trustees  shall  have  absolute  control  of  the  expenditure  of  all  moneys  appropriated  by  The  City  o 
New  York  for  the  maintenance  of  libraries  conducted  or  to  be  conducted  by  the  corporation  in  The  Borough 
of  Queens,  and  shall  have  the  power  to  appoint  and  fix  the  salaries  of  such  officers  and  employees  as  they  shall 
deem  necessary,  who,  unless  employed  under  special  contract,  shall  hold  their  offices  during  the  pleasure  of 
the  Trustees;  but  no  Trustee  shall  receive  compensation  as  such,  and  the  authority  of  the  Trustees  to  so  make 
and  regulate  expenditures  for  maintenance  and  their  right  to  select,  employ,  fix  salaries  and  discharge  employees 
shall  be  absolute  under  this  act,  any  acts  under  the  Legislature  of  the  State  of  New  York  to  the  contrary  not- 
withstanding." 

This  act  took  effect  April  17,  1907,  and  on  October  18,  1907,  the  City,  acting  through  the  Board  of  Estimate 
and  Apportionment,  enterwi  into  a  contract  with  The  Queens  Borough  Public  Library. 

The  "Third"  paragraph  thereof  provides: 

"That  the  city,  in  addition  to  the  amount  which  it  is  obligated  to  pay  under  the  agreement  of  September 
11,  1901  (contract  between  the  Board  of  Estimate  and  Apportionment  and  the  agents  of  Andrew  Carnegie), 
will  appropriate  and  pay  for  the  maintenance  and  support  of  The  Queens  Borough  Public  Library  such  sums 
as  may  be  requisite  for  the  proper  maintenance  of  the  libraries  under  its  jurisdiction,  such  amounts  to  constitute 
a  City  charge  and  to  be  provided  for  in  the  annual  budget  and  tax  levy  of  said  City." 

Paragraph  "Third"  contains  this  additional  stipulation: 

"  It  is  however  agreed  that  the  entire  amount  of  the  annual  appropriations  as  made  by  the  Board  of  Esti- 
mate and  Apportionment  for  the  conduct  and  maintenance,  which  free  public  libraries  in  The  Borough  of 
Queens,  shall  be  disbursed  and  paid  by  the  Comptroller  to  The  Queens  Borough  Public  Library  upon  submission 
to  him  of  a  statement  of  obligations  incurred  or  of  moneys  expended  for  the  use  and  purposes  of  said  free  library 
system;  provided,  however,  that  on  and  after  December  31,  1907,  one-twelfth  of  the  amount  appropriated  for 
the  yearly  salaries  shall  be  paid  over  by  said  Comptroller  to  The  Queens  Borough  Public  Library  on  the  last 
day  of  each  month,  and  upon  the  payment  of  said  obligations  by  The  Queens  Borough  Public  Library  proper 
vouchers  and  accounts  shall  be  returned  to  the  Comptroller  of  The  City  of  New  York  for  such  expenditures." 

Both  in  Section  3,  Chapter  164  of  the  Laws  of  1907  and  in  paragraph  "Third"  of  the  agreement  dated  October 
18,  1907,  the  broadest  power  is  granted  to  the  Trustees  of  the  library  to  expend  moneys  within  the  appropriations 
granted,  for  salaries  and  wages  of  its  employees  and  to  fix  such  salaries  and  wages  within  such  appropriation. 

I  have  been  furnished  with  a  copy  of  a  resolution  adopted  by  the  Trustees  of  The  Queens  Borough  Public  Li- 
brary on  October  13,  1911,  whereby  the  Trustees  assumed  to  waive  for  the  year  1912,  the  power  to  fix  salaries  and 
wages,  and,  so  far  as  I  have  been  able  to  discover,  that  waiver  applied  only  to  the  year  1912. 

Unless  the  Board  of  Trustees  has  since  abdicated  its  powers  under  the  statute  and  the  contract,  moneys  for 
salaries  and  wages  must  be  paid  as  requisitioned  for,  even  when  those  requisitions  disregard  the  Budget  segregations. 

Respectfully  yours, 

(Signed)  Frank  L.  Polk, 
Corporation  Counsel. 

OPINION   OF   THE   CORPORATION   COUNSEL 


122 


APPENDIX  M 

Lighting  of  Public  Libraries  Need  Not  be  Paid  For  Out  of  Funds  Appropriated  to 
Department  of  Water  Supply,  But  Since  the  Cost  Thereof  Must  be  Borne  by  the  City, 
the  Commissioner  of  Water  Supply  Has  Supervising  Jurisdiction  Over  All  Contracts 
Therefor  and  No  Such  Contract  Shall  be  Entered  Into  Unless  Approved  of  By  Him. 

Law  Department  of  The  City  of  New  York, 
Office  of  the  Corporation  Counsel, 
Borough  of  Manhattan, 
January  29,  1907. 
Hon.  John  H,  O'Brien, 

Commissioner  of  Water  Supply,  Gas  and  Electricity. 
Sol: 

Your  predecessor  addressed  to  my  predecessor  a  commtmication  dated  May  2,  1906,  reading  as  follows: 

"Application  is  being  made  to  this  Department  to  provide  electric  and  gas  lighting  to  Public  Libraries 
throughout  the  Greater  City.  I  quote  the  following,  as  one  of  the  latest  of  these  applications  which  we  have 
received: 

"•March  19,  1906. 
"'Department  of  Water  Supply,  Gas  and  Electricity, 
Borough  Hall,  Jackson  Avenue, 
Long  Island  City,  N.  Y. 
"'Gentlemen: 

'"Will  you  be  kind  enough  to  provide  electric  light  for  three  new  branches  about  to  be  opened  by  the 
Library  Board  of  Trustees  located  at 

491  Broadway,  Long  Island  City, 
Harriman  Street,  near  Fulton,  in  Fraternity  Hall,  Jamaica,  L.  I. 
Bell,  near  Warburton,  Bayside,  L.  I.,  Owner,  John  Lindner.'" 
'"The  Broadway  Branch  will  have  sixteen  16-candle  power  lamps;  Bayside  Branch,  forty-six  16-candle 
power  lamps;  Jamaica  Branch,  probably  twenty-four. 

Yours  very  truly, 

J.  Hume, 

Librarian, 
Queens  Borough  Library, 
101  East  Avenue,  L.  I.  C. '  " 
"I  note  that  in  the  Budget  for  1906,  on  page  91,  the  appropriation  for  'Libraries'  includes  an  item  for 
lighting,  both  as  to  The  New  York  Public  Library  and  The  Brooklyn  Public  Library.    In  Queens  it  also  in- 
cludes an  item  for  lighting,  under  this  heading: 

'"Queens  Borough  Library,  and   for  maintenance  and  establish  other  libraries  when   required  as 
branches. ' " 

"I  presume  the  application  above  quoted  is  for  such  branches. 

"Under  your  opinion  of  September  12,  1905,  I  understand  that  the  lighting  of  these  libraries  should  be 
paid  for  by  my  Department.  If  so,  part  of  this  appropriation  should  be  transferred  to  my  Department,  and 
the  libraries  notified  that  their  lighting  will  come  under  the  Department  of  Water  Supply,  Gas  and  Electricity. 

"I  am  informed  that  there  is  a  good  deal  of  confusion  in  regard  to  the  library  accounts,  and  also  in  regard 
to  the  Carnegie  libraries  which  are  being  opened  throughout  the  various  boroughs,  and  I  would  ask  you  to 
advise  me  if  I  am  to  take  this  matter  up  in  the  regular  way  under  your  opinion  of  September  12,  as  has  been 
the  case  of  other  departments. 

"I  would  also  ask  if  you  would  give  me  full  advice  in  regard  to  the  matter  as  this  Department  is  not  ad- 
vised fully  as  to  its  duties  in  connection  with  the  lighting  of  the  various  libraries  and  classes  of  libraries  mentioned 
above." 

Thereupon  my  predecessor  addressed  a  communication  to  the  Comptroller  setting  forth  the  facts  stated  in  the 
communication  from  the  Commissioner  of  Water  Supply,  Gas  and  Electricity,  and  requested  to  be  notified  ''as 
to  what  funds  are  provided  in  the  Budget  of  1906,  for  the  lighting  of  public  libraries  in  The  City  of  New  York, 
and  whether  existing  balances  thereof  could  not  be  transferred  to  the  Department  of  Water  Supply,  Gas  and  Elec- 
tricity, to  meet  the  expense  upon  that  Department  for  the  purpose  of  lighting  bills  in  the  '  Carnegie  Library '  approach- 
ing completion  in  The  City  of  New  York." 

To  that  communication  the  Comptroller  replied,  under  date  of  July  16,  1906,  as  follows: 

"This  ofiBce  is  in  receipt  of  your  communication  of  June  18th  in  the  matter  of  providing  gas  and  electric 
lighting  to  the  public  libraries  in  The  City  of  New  York  wherein  you  ask  to  be  informed 

123 


" '  As  to  what  funds  are  provided  in  the  Budget  of  1906  for  the  lighting  of  public  libraries  of  The  City 
of  New  York,  and  whether  existing  balances  thereof  could  not  be  transferred  to  the  Department  of  Water 
Supply,  Gas  and  Electricity,  to  meet  the  expense  upon  that  Department  for  the  purpose  of  lighting  bills 
in  the  ''Carnegie  Libraries"  approaching  completion  in  The  City  of  New  York.'" 

"  'In  reply  thereto,  I  have  to  say  that  the  moneys  provided  for  lighting  The  New  York  Public  Library, 
Astor,  Lenox  and  Tilden  Foundation,  and  The  Brooklyn  Public  Library  are  provided  by  the  Board  of  Esti- 
mate and  Apportionment  pursuant  to  agreements  entered  into  between  the  Trustees  of  said  institutions  and 
the  City. 

"In  the  budget  for  1906  The  Queens  Borough  Library  is  given  the  sum  of  $4,200  for  the  purpose  of  de- 
fraying the  expense  of  fuel,  lighting,  rent,  repairs,  etc.  How  much  of  said  sum  is  for  lighting  it  is  impossible 
to  state,  but  it  is  evident  that  no  part  of  said  sum  could  be  transferred  to  the  Department  of  Water  Supply, 
Gas  and  Electricity  for  the  reason  that  it  is  The  Queens  Borough  Library  that  makes  the  requisition  for  addi- 
tional electric  lighting  for  its  new  branches.  I  therefore  have  to  say  in  reply  to  your  query  that  it  does  not  seem 
that  any  existing  balances  for  lighting  various  public  libraries  can  be  transferred  to  the  Department  of  Water 
Supply,  Gas  and  Electricity." 

This  letter  from  the  Comptroller  answers  so  much  of  your  communication  as  relates  to  the  transfer  to  any 
existing  balances  to  your  Department  for  the  lighting  of  branch  libraries  in  the  Borough  of  Queens. 

In  your  letter  you  ask  tke  further  and  broader  question  as  to  the  policy  to  be  adopted  by  your  Department  in 
regard  to  the  lighting  of  public  libraries,  and  particulariy  of  the  Carnegie  free  branch  libraries.  This  question  is  a 
very  important  one,  not  only  on  account  of  the  rapidly  growing  library  system  but  also  because  it  involves  the  broader 
question  of  centralization  of  powers  in  the  government  of  the  City. 

The  policy  'of  the  City  as  to  the  lighting  of  public  buildings  has  been  defined  by  my  predecessors  in  office  and 
may  be  briefly  summarized  as  follows: 

The  jurisdiction  of  the  Commissioner  of  Water  Supply,  Gas  and  Electricity  over  such  lighting  is  established 
by  Section  469  of  the  Greater  New  York  Charter,  which  provides: 

"Section  469.  The  Commissioner  of  water  supply,  gas  and  electricity  shall  have  cognizance  and  control:*** 
"5.  Of  the  making  and  performance  of  contracts  when  duly  authorized  in  accord  with  the  provisions  of 
this  act,  and  for  the  execution  of  the  same  in  the  matter  of  furnishing  the  city,  or  any  part  thereof,  with  gas, 
electricity  or  any  other  illuminant  or  of  steam;  of  the  selecting,  locating  and  removing  and  changing  of  lights 
for  the  use  of  the  city;  of  the  inspecting  and  testing  of  gas  and  electricity  used  for  light,  heating  and  power  pur- 
poses, electric  motors,  electric  wires  and  of  all  lights  furnished  to  said  city;  and  of  the  use  and  transmission  of 
gas,  electricity,  pneumatic  power  and  steam  for  all  purposes  in,  upon,  across,  over  and  under  all  streets,  roads, 
avenues,  parks,  public  places  and  public  buildings.  •  •  •" 

It  seems  clearly  to  have  been  the  intent  of  the  Legislature  in  framing  this  section  to  center  control  and  responsi- 
bility for  due  execution  of  contracts  for  gas,  electricity  and  steam  in  one  Department.  This  control  and  responsi- 
bility further  implies  the  right  to  examine  and  certify  claims  for  such  service,  or  to  refuse  certification,  as  may  be. 

There  are  no  provisions  of  the  Charter  restricting  your  power  in  making  such  contracts,  beyond  the  general 
provisions  of  Section  419  and  the  other  sections  which  apply  generally  to  the  making  of  all  contracts  for  supplies. 

As  a  general  proposition,  you  have  not  the  right  to  contract  for  power  without  public  letting.  The  supplying 
of  power  to  the  public  buildings  of  the  city  shotild  be  regarded  as  one  piece  of  work  and  should  be  done  in  accord- 
ance with  a  contract  made  at  public  letting. 

The  question  then  presents  itself  as  to  whether  public  libraries  shall  be  regarded  in  all  respects  as  public  build- 
ings and  whether  the  same  rules  shall  be  applied  to  them  as  to  other  pubUc  buildings.  The  buildings,  the  lighting 
of  which  has  been  passed  upon  by  my  Department,  were  all  controlled  by  some  department  or  official  of  the  City. 

The  libraries  present  a  somewhat  anomalous  situation,  in  that  while  they  are  maintained  by  the  City,  their 
control  is  in  the  hands  of  Boards  or  of  private  trustees. 

The  library  system  of  the  Greater  City  may  be  described  on  broad  lines  as  follows: 

In  the  past  the  City  furnished  aid  and  maintenance  to  many  libraries  separately,  but  by  a  process  of  centraliza- 
tion and  consolidation  all  the  smaller  libraries  in  each  borough  have  been  gathered  together  under  one  head.  These 
larger  or  holding  bodies  as  shown  by  the  Budget  of  1907  constituting  the  only  bodies  to  which  appropriations  were 
made  for  library  purxjses  are  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations  for  the  Boroughs 
of  Manhattan,  Richmond  and  The  Bronx,  The  Brooklyn  Public  Library,  and  The  Queens  Borough  Library. 

The  Queens  Borough  Library  occupies  a  somewhat  different  position  to  that  of  the  other  two  in  that  by  the 
terms  of  its  Charter  obtained  from  the  Regents  of  the  State,  its  trustees  are  appointed  by  the  Mayor  and  it  has, 
of  recent  years,  been  regarded  as  a  City  Department,  its  employees  being  subject  to  Civil  Service  rules,  etc.  As  to 
the  free  branch  libraries  of  The  Queens  Borough  Library,  it  is,  therefore,  my  opinion  that  they  are  to  be  regarded 
as  public  buildings,  the  lighting  of  which  is  to  be  xmder  your  complete  jurisdiction  on  the  lines  stated  above  as 
applying  to  other  public  buildings  in  the  city. 

The  branch  libraries  in  the  other  boroughs  are  of  two  kinds:  (1)  those  the  city  maintains  as  a  residt  of  con- 
tract obligations,  and  (2)  those  the  city  maintains  voluntarily  and  whose  maintenance  the  city  could  apparently 
terminate  at  any  time. 

The  first  class  comprises  the  Carnegie  branch  libraries.  Under  date  of  July  17,  1901,  an  agreement  was  entered 
into  between  the  City  and  The  New  York  Public  Library,  Astor,  Lenox  and  Tilden  Foundations,  which  library 
had  been  designated  by  Andrew  Carnegie  as  his  agent  for  the  purpose  of  the  agreement.  By  such  agreement  the 
offer  of  Andrew  Carnegie  to  furnish  the  funds  necessary  for  the  erection  of  buildings  for  sixty-five  free  branch  libraries 
for  circulation  in  the  City  of  New  York,  provided  the  City  woiUd  furnish  the  necessary  sites  for  such  buildings  and 
agree  in  satisfactory  form, to  provide  for  the  maintenance, of  such  branches  when  completed,  was. accepted.    The 

124 


City  thereby  bound  itself  to  acquire  the  necessary  sites,  and  to  lease  said  land  together  with  the  buildings  and  im- 
provements erected  thereon,  to  The  New  York  Public  Library  so  long  as  the  said  P*ublic  Library  and  its  successors 
should  continue  to  maintain  upon  the  said  land  free  branch  public  libraries  and  reading  rooms.  The  City  further 
bound  itself  by  the  following  proviso: 

"4.  The  party  of  the  first  part  further  agrees  adequately  to  provide  for  the  maintenance  of  the  free  public 
branch  libraries  to  be  erected  pursuant  to  this  agreement  and  the  travelling  libraries  in  said  city,  and  to  that 
end  to  provide  in  each  year  in  the  Annual  Budget  and  Tax  Levy  of  said  city  a  sum  not  less  than  ten  per  centum 
of  the  amount  expended  by  said  Andrew  Carnegie  under  the  provisions  of  said  act,  which  sum  shall  be  expended 
for  the  maintenance  of  the  branch  libraries  to  be  hereafter  constructed  pursuant  to  this  contract,  which  main- 
tenance shall  be  provided  for  said  libraries  to  be  hereafter  constructed  as  rapidly  as  the  same  are  obtained; 
and  in  case  a  Ubrary  building  is  under  construction,  maintenance  may  be  provided  therefore  to  commence  when 
constructed.  *  *  •" 

By  the  terms  of  the  agreement  the  City  was  to  have  access  to  all  such  library  buildings  for  general  police  visita- 
tion and  supervision  and  was  to  furnish  a  supply  of  water  but  The  New  York  Public  Library  was  "to  appoint,  direct, 
control  and  remove  all  persons  employed  within  said  buildings  respectively  and  in  the  care  of  the  same,"  and  was 
"to  exercise  direction  and  management  over  the  affairs  of  the  several  library  buildings  and  the  books,  collections 
and  appurtenances." 

The  second  agreement  was  entered  into  March  26,  1902,  which  did  not,  however,  affect  any  of  the  provisions 
referred  to  above. 

Contracts  similar  in  form  to  that  of  JiUy  17,  1901,  were  entered  into  with  the  Trustees  of  The  Queens  Borough 
Library  and  The  Brooklyn  Public  Library. 

The  other,  or  second  class  of  libraries,  are  those  maintained  by  the  City,  but  which  the  City  is  apparently  under 
no  legal  duty  to  maintain.  The  agreement  of  July  17,  1901  was  entered  into  by  the  City  pursuant  to  the  provisions 
of  Chapter  860  of  the  Laws  of  1901,  which  was 

"An  act  to  authorize  and  empower  the  City  of  New  York  to  establish  and  maintain  a  free  public  library 
system." 

This  act  contained  a  specific  authorization  for  the  execution  of  such  a  contract  in  regard  to  the  Carnegie  Free 
Branch  Libraries.  The  act  further  provided  that  the  Board  of  Estimate  and  Apportionment  might  provide  in 
such  contracts  for  the  maintenance  of  a  public  library  system  in  the  City  of  New  York,  including  therein  the  main- 
tenance of  any  or  all  the  free  public  libraries  then  existing  in  the  city,  which  had  theretofore  been  maintained  in 
whole  or  in  part  by  the  public  funds  of  the  City,  as  well  as  for  the  maintenance  of  the  branch  libraries  to  be  erected 
pursuant  to  the  terms  of  such  agreement. 

This  clause  of  the  Act  of  1901  was  specifically  referred  to  in  the  preamble  of  the  said  agreement  in  relation  to 
the  Carnegie  Branch  Libraries,  and  then  followed  a  clause  reading: 

"Whereas,  it  is  not  at  the  present  time  deemed  expedient  by  the  parties  hereto  to  avail  of  so  much  of  said 
act  of  the  Legislature  as  relates  to  the  clause  in  this  agreement  which  provides  for  the  support  of  free  public 
libraries  now  existing  in  said  city  which  have  heretofore  been  maintained  in  whole  or  in  part  by  the  public 
funds  of  said  City  but  rather  to  leave  that  subject  to  be  disposed  of  as  the  same  may  from  time  to  time  arise 
hereafter." 

The  result  is  that  the  Board  of  Estimate  and  Apportionment  annually  appropriates  a  fund  for  the  maintenance 
of  all  such  Ubraries,  but  the  City  has  not  in  fact  obligated  itself  to  maintain  a  pubUc  Ubrary  system  other  than  that 
provided  for  in  the  contracts  for  the  Carnegie  Branch  Libraries. 

I  am  of  the  opinion  that  so  long  as  the  maintenance  of  all  such  libraries  is  borne  by  the  City,  it  is  immaterial 
whether  such  maintenance  is  provided  for  by  contract  or  not,  and  it  is  also  immaterial  whether  any  such  libraries 
occupy  an  entire  building  or  not,  it  being  a  Ubrar>  building  as  to  the  part  so  occupied. 

Formerly,  many  libraries  were  annually  allowed  a  certain  amoimt  based  not  on  their  expense  of  maintenance, 
but  on  the  number  of  volumes  circulated.  If  any  libraries  are  maintained  by  the  city  on  any  such  basis,  they  wotdd 
seem  to  constitute  a  different  class  and  the  details  of  their  management  and  the  expenditure  of  the  fund  allowed 
them  by  the  City  would  not  be  a  matter  of  jurisdiction  or  supervision  over  which  the  City  or  your  Department  would 
have  any  control.    I  am  of  the  opinion,  however,  that  all  other  private  libraries  are  quasi  public  buildings. 

Public  buildings  might,  therefore,  be  placed  under  two  heads:  (1)  Those  under  the  jurisdiction  of  City  De- 
partments or  officials  and,  (2)  those  under  the  jurisdiction  of  Boards  of  Private  Trustees. 

From  the  nature  of  the  relations  of  tlie  public  libraries  to  the  City,  the  Department  of  Water  Supply,  Gas  and 
Electricity  is  under  no  duty  or  obligation  to  light  such  buildings  out  of  the  fimds  appropriated  to  such  Department. 
Inasmuch,  however,  as  the  cost  of  lighting  such  libraries  must  ultimately  be  borne  by  the  City,  it  is  my  opinion  that 
the  Commissioner  of  Water  Supply,  Gas  and  Electricity  has  jurisdiction  of  a  supervisory  nature  over  all  contracts 
for  lighting  and  that  no  contract  shall  be  entered  into  unless  approved  by  him.  Inasmuch  as  the  libraries  are  now 
paying  a  higher  rate  for  lighting  than  are  the  City  Departments  for  Ughting  under  similar  circumstances  and  con- 
ditions, it  is  to  the  advantage  of  the  libraries  that  the  Commissioner  should  exercise  supervision,  and  I  am  informed 
that  the  Trustees  of  these  public  libraries  will  look  with  favor  on  any  such  plan.  On  the  making  of  such  contracts, 
subject  to  the  approval  of  the  Conmiissioner,  all  payments  thereunder  would  be  made  by  the  Trustees  of  the  Public 
Libraries,  out  of  the  funds  appropriated  annually  for  the  maintenance  of  such  libraries. 

In  drawing  up  the  next  Budget,  the  Board  of  Estimate  and  Apportioimient  might,  at  its  pleastxre,  establish 
the  amount  to  be  appropriated  for  the  maintenance  of  public  libraries  and  either  assign  the  amoimt  appropriated 

125 


for  lighting  to  the  Department  of  Water  Supply,  Gas  and  Electricity  directing  the  Commissioner  to  make  the  neces- 
sary contracts  and  provide  for  lighting,  or  direct  that  no  contracts  should  be  entered  into  unless  approved  by  the 
Commissioner  of  Water  Supply,  Gas  and  Electricity  and  that  such  contracts  should  not  be  entered  into  for  a  rate 
in  excess  of  that  paid  by  the  other  City  Departments  for  service  under  similar  circumstances  and  conditions. 

If,  under  the  above  procedure,  any  unexpended  balances  remained  with  the  Department  of  Water  Supply, 
Gas  and  Electricity  at  the  end  of  the  year  it  should  be  accoimted  for  and  paid  by  the  Commissioner  to  the  Comp- 
troller of  The  City  of  New  York  to  be  deposited  to  the  credit  of  the  General  Fund  for  the  reduction  of  taxation  within 
sixty  days  after  the  expiration  of  each  calendar  year. 

Respectfully  yours, 

Woi-iAH  B.  Ellison, 
Corporation  Counsel. 

OPINION   OF   THE   CORPORATION   COUNSEL 


APPENDIX  N 

Under  Agreement  Between  The  Brooklyn  Public  Library  and  The  City  of  New  York 
Dated  June  5,  1903,  the  City  Should  Pay  for  Certain  Assessments  for  Local  Improvements 
Confirmed  Subsequent  to  Said  Agreement  Against  Property  Owned  by  Said  Library 
Opposite  Its  Fort  Hamilton  Branch  and  Against  Property  Constituting  Said  Branch 
Library. 

VOLUME  35,  PAGE  390 

Law  Department  of  The  City  of  New  Yobk, 
Office  of  tbe  Cortoration  Counsel, 
Borough  of  Manhattan, 

July  31,  1911 
In  the  Matter  of  the  Application  of  the  Board  of  Trustees 
of  The  Brooklyn  Public  Library  for  the  cancellation 
of  taxes,  water  rates  and  assessments  for  local  im- 
provements as  hereinafter  set  forth. 

Hon.  William  A.  Prendergast, 
Comptroller. 

Sir: 

1  have  received  from  your  office  a  communication  dated  April  11,  1911,  transmitting  for  advice  this  application. 
In  advising  you  I  shall  take  up  separately  the  different  properties  and  the  charges  against  them. 

(1)  Section  1,  Block  244,  Lot  S,  known  as  the  Montague  Branch.  The  portion  of  this  property  not  actually 
used  for  library  purposes,  but  rented  to  tenants,  has  the  following  charges  outstanding  against  it: 

Year  Taxes  Water  Rates 

1903 $1,370.29  1120.75 

1904 1,966.20  132.53 

1905 1,953.30  134.55 

1906 2,306.53  134.55 

1907 2,331.12  115.00 

1908 2,505.31  81.65 

1909 2,085.36  81.65 

1910 2,177.98  74.55 

By  an  agreement  entered  into  between  The  Brooklyn  Public  Library  and  The  City  of  New  York,  made  and 
concluded  June  5,  1903,  pursuant  to  the  authority  of  Chapter  606  of  Laws  of  1902,  the  city  contracted  for  various 
considerations  to  "appropriate  and  pay  for  the  maintenance  and  support  of  said  Brooklyn  Public  Library  such 
sums  as  may  be  requisite  for  the  proper  maintenance  of  the  libraries  heretofore  under  the  administration  of  the  Board 
of  Directors  of  The  Brooklyn  Public  Library  *  *  *  such  amounts  to  constitute  a  city  charge  and  to  be  provided  for 
in  the  Annual  Budget  and  Tax  Levy  of  the  city."  After  reciting  the  fact  that  The  Brooklyn  Public  Library,  in 
anticipation  of  expansion,  had  secured  title  to  certain  property  which  was  not  presently  used  for  library  purposes, 
but  was  rented  to  tenants,  the  agreement  above  referred  to  provided  that,  "for  the  purpose  of  this  agreement,  how- 
ever, it  is  understood  that  any  taxes  and  assessments  upon  any  of  the  property  of  the  said  Brooklyn  Public  Library  *  *  * 
are  to  be  regarded  as  part  of  the  cost  of  maintenance  of  the  said  free  library  system." 

The  taxes  in  question  being  charges  against  property  not  actually  used  for  library  purposes,  and  which  there- 
fore is  not  exempt  from  taxation,  are  valid  liens.  The  agreement  referred  to,  however,  makes  the  payment  of  these 
taxes  a  city  charge,  to  be  provided  for  in  the  Budget. 

126 


The  water  charges  on  this  property  for  the  years  1903  to  1910,  inclusive,  being,  in  part  at  least,  for  water  sup- 
plied to  premises  not  actually  used  for  library  purposes  are  also  valid  charges.  They  are  not  specifically  provided 
for  in  the  agreement  of  June  5,  1903,  nor  would  such  charges  seem  to  come  within  the  scope  of  the  agreement  dated 
September  11,  1901.    They  are  properly  payable  out  of  the  rents  derived  from  the  property. 

(2)  Section  18,  Block  5907,  Lot  1.  These  premises  are  the  Bay  Ridge  Branch  of  The  Brooklyn  Public  Library. 
Having  been  actually  used  for  public  library  purposes  they  are  entitled  to  a  free  supply  of  water,  by  virtue  of  the 
provisions  of  Chapter  852,  Laws  of  1896.  The  assessments  for  local  improvements  are  undoubtedly  valid  charges. 
They  apparently  became  liens  in  1902  and  subsequent  years.  The  premises  in  question  had,  prior  to  the  time  the 
assessments  were  confirmed,  become  part  of  The  Brooklyn  Public  Library,  the  maintenance  and  support  of  which 
the  city,  by  the  agreement  of  September  11,  1901,  undertook.  Furthermore,  by  the  agreement  of  June  5,  1903,  the 
city  undertook  payment  of  these  assessments  as  part  of  its  maintenance  and  support  of  The  Brooklyn  Public  Library. 
Undoubtedly,  under  these  circumstances,  the  payment  of  the  charges  may  be  made  a  matter  of  Budget  arrangement 
when  the  1912  appropriation  for  the  library  shall  be  determined. 

Section  18,  Block  6114,  Lot  37.  These  premises  have  constituted,  since  1901,  the  Fort  Hamilton  Branch  of 
The  Brooklyn  Public  Library.  Having  been  actually  used  for  library  purposes,  the  premises  have  been  entitled  to 
a  free  supply  of  water.  The  assessments  for  local  improvements  against  the  premises  are  valid  and  legal  charges. 
The  agreements  made  by  the  city  hereinbefore  referred  to  are,  however,  equally  applicable  to  these  premises  as  to 
the  Bay  Ridge  Branch. 

Section  18,  Block  6118,  Lot  3.  This  property,  owned  by  The  Brooklyn  PubUc  Library,  the  tax  map  shows, 
is  opposite  the  Fort  Hamilton  Branch  and  situated  at  the  convergence  of  Fourth  and  Fifth  Avenues.  The  charges 
against  these  premises,  as  set  forth  in  the  petition,  include  assessments  for  local  improvements,  apparently  con- 
firmed subsequent  to  the  agreement  of  1903,  and  two  small  items  of  $14.95  and  $20.70,  respectively,  set  opposite 
the  years  1903  and  1904.  The  assessments  for  local  improvements  are,  of  course,  valid  charges  and  so  it  seems  are 
the  two  items  above  referred  to,  inasmuch  as  this  property  not  being  used  for  library  purposes  would  not  be  exempt 
from  taxes,  assessments  or  water  rates.  The  charges,  however,  likewise  come  within  the  scope  of  the  city's  agree- 
ment of  1903,  and  should  be  disposed  of  with  reference  to  it. 

I  attach  to  the  papers  transmitted,  which  are  herewith  returned,  copies  of  the  agreements  herein  referred  to, 
together  with  other  printed  matter  having  a  bearing  on  the  subject. 

Respectfully  yours, 

George  L.  Sterling, 
Acting  Corporation  Counsel. 

OPINION   OF    THE    CORPORATION   COUNSEL 


APPENDIX  0 

Under  Agreement  Between  the  City  and  The  Brooklyn  Public  Library  the  Latter 
Should  Not  Be  Compelled  to  Pay  Taxes  and  Assessments,  Insurance  Charges  and  Interest 
ON  Mortgages  on  Property  Which  is  Unproductive. 

Law  Department  of  The  City  of  New  York, 
Office  of  the  Corporation  Counsel, 
Borough  of  Manhattan, 
February  6,  1912 
Hon.  William  A.  Prendergast, 

Comptroller. 
Sir: 

I  am  in  receipt  of  a  communication  from  D.  Mathewson,  Deputy  Comptroller,  dated  November  3,  1911,  and 
enclosing  a  report  on  claim  No.  62008  by  The  Brooklyn  Public  Library  for  the  refund  of  payments  aggregating 
$45,749.36,  alleged  to  have  been  made  by  the  library  for  insurance,  water  taxes  and  interest  on  mortgage.  On 
December  14,  1911  the  Deputy  Comptroller  forwarded  a  copy  of  the  contract  executed  June  5,  1903,  between  the 
City  and  the  library,  together  with  an  amended  claim  No.  62006  filed  by  The  Brooklyn  Public  Library. 

These  papers  have  been  transmitted  to  this  office  for  an  opinion  concerning  legal  liability  of  the  City  in  the 
premises. 

On  June  5, 1903,  the  City  acting  through  the  Board  of  Estimate  and  Apportionment,  entered  into  an  agree- 
ment, imder  seal,  with  The  Brooklyn  Public  Library,  by  the  terms  of  paragraph  4  of  which  the  City  stipulated  to 
"appropriate  and  pay  for  the  maintenance  and  support  of  said  Brooklyn  Public  Library,  such  sums  as  may  be 
requisite  for  the  proper  maintenance  of  the  libraries  heretofore  under  the  administration  of  the  Board  of  Directors 
of  The  Brooklyn  Public  Library  and  of  the  corporation  '  The  Brooklyn  Library '  above  mentioned,  such  amounts 
to  constitute  a  City  charge  and  to  be  provided  for  in  the  Annual  Budget  and  Tax  Levy  of  the  City." 

The  agreement  recites  the  existence  of  a  mortgage  not  exceeding  $165,000  on  real  estate  of  The  Brooklyn  Public 
Library  on  Pierrepont  street  and  Montague  street;  and  the  sixth  paragraph  of  the  agreement  provides: 

"For  the  ptirposes  of  this  agreement,  however,  it  is  understood  that  any  taxes  and  assessments  upon  any  of 
the  property  of  said  Brooklyn  Public  Library,  insurance  charges,  interest  upon  mortgages  above  recited,  and 
the  reasonable  cost  of  repairs  are  to  be  regarded  as  part  of  the  cost  of  maintenance  of  the  said  free  library  system." 

127 


Prom  the  report  of  your  auditor,  it  appears  that  the  real  estate  at  Pierrepont  and  Montague  streets,  formerly 
belonging  to  The  Brooklyn  Library  has  been  conveyed  to  The  Brooklyn  Public  Library  and  that  since  1903  The 
Brooklyn  Public  Library  had  paid  the  interest  on  the  mortgage  for  $120,000  on  these  premises  out  of  the  money 
received  from  the  rental  of  part  of  its  premises,  and  that  moneys  have  also  been  expended  for  fire  insurance  and 
plate  glass  insurance. 

The  question  is  whether  The  Brooklyn  Public  Library  now  has  a  claim  enforceable  at  law  for  the  moneys  ex- 
pended by  it  for  taxes,  insurance  and  interest  on  its  mortgage. 

The  agreement  of  June  5,  1903  imposed  an  obligation  upon  the  Board  of  Estimate  and  Apportionment  to 
provide  such  sums  as  may  be  requisite  for  the  maintenance  of  the  libraries  heretofore  under  the  administration  of 
the  corporation  "The  Brooklyn  Library,"  but  does  not  specify  any  definite  sum  of  money  which  that  board  must 
provide.  The  agreement  is  that  the  sum  shall  be  "requisite."  It  is  true  that  in  paragraph  6  of  the  agreement  it 
is  stipulated  that  taxes  and  assessments,  insurance  charges  and  interest  upon  the  mortgage  shall  be  regarded  as 
part  of  the  cost  of  maintenance.  From  the  report  of  your  auditor  it  seems  that  such  a  stipulation  was  inserted  in 
the  agreement  upon  the  assumption  that  the  premises  at  Pierrepont  and  Montague  streets  would,  shortly  after  the 
execution  of  this  agreement,  become  financially  unproductive.  It  now  appears,  however,  that  from  the  date  of 
the  execution  of  this  agreement  till  the  time  of  the  filing  of  the  claim,  the  library  was  able,  from  the  revenue  accruing 
from  rentals  of  this  property,  to  discharge  expenses  incurred  for  taxes  and  assessments,  insurance  charges  and  interest 
on  the  mortgage.  Nowhere  does  it  appear,  nor  has  any  claim  been  made,  that  the  moneys  provided  by  the  Board 
of  Estimate  and  Apportionment  have  not  been  "requisite."  The  library  seems  to  have  been  maintained  without 
any  deficit  in  its  finances. 

It  seems  to  me  that  the  moneys  heretofore  appropriated  for  the  maintenance  of  the  library,  although  not  spe- 
cifically applicable  by  the  terms  of  the  appropriation  to  the  charges  incidental  to  the  property  at  Montague  and 
Pierrepont  streets,  may,  constructively,  be  regarded  as  having  been  applied  to  such  charges,  and  that  the  revenues 
derived  by  the  library  from  rentals,  although  in  fact  applied  to  the  discharge  of  those  expenses  for  which  the  city 
by  its  agreement  had  assumed  responsibility,  may,  constructively,  be  regarded  as  having  been  applied  to  the  pay- 
ment of  those  other  charges  for  which  the  city  has  made  specific  appropriations.  It  seems  to  me  that  the  plain  intent 
of  the  agreement  was  that  the  library  should  not  be  compelled  to  pay  taxes  and  assessifients,  insurance  charges  and 
interest  on  mortgages  on  property  which  was  improductive.  Since  the  realty  at  Pierrepont  and  Montague  streets 
has  not  been  devoted  to  library  purposes  at  as  early  a  date  as  was  originally  expected,  but  was  still  a  source  of  revenue 
at  the  time  the  library  filed  its  claim  with  the  Comptroller,  the  purposes  of  the  agreement  will  best  be  subserved  by 
crediting  the  city  with  such  revenues.  The  fact  that  during  the  years  extending  from  1903  to  1910  the  library  made 
no  application  to  the  Board  of  Estimate  and  Apportionment  for  specific  appropriations  to  discharge  the  expenses 
provided  for  in  paragraph  6  of  the  agreement  goes  far  to  show  the  practical  construction  placed  upon  the  agreement 
by  the  library  as  well  as  by  the  City.  I  must  advise  you,  therefore,  that  the  library  has  failed  to  produce  any  evidence 
that  would  tend  to  convince  me  that  it  possesses  a  claim  enforceable  at  law,  but  that  such  remedy  that  it  may  possess 
must  be  appUed  pursuant  to  the  provisions  of  Section  246  of  the  Charter. 

I  return  herewith  all  papers  submitted  by  the  Deputy  Comptroller  with  his  letter  of  November  3,  1911  and 
December  14,  1911. 

Respectfully  yours, 

Georgb  L.  Sterling, 
Acting  Corporation  Counsel. 


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